Trademark Engine FAQs
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Before spending your time and money filing an application you should do a quick search to see if your mark is already in use or registered by someone else. A search will help avoid obvious duplications of pre-existing marks. If the USPTO rejects your application, the fees to Trademark Engine and the USPTO are not refundable.

If your company is just beginning, it’s better to make name changes now rather than invest years building a brand only to learn that you have to change the name and lose all of your goodwill.

Running searches just with the USPTO does not mean you will automatically have superior rights to the mark. There could be someone out there already using a similar mark, but who did not register it with the USPTO. In that case, you may get a registration, but it is subject to challenge by the owner of the earlier-used mark who has because of common law trademark rights. Someone could have filed only with the state meaning your later-filed USPTO registration does not grant you rights in that state.

Our Trademark Engine Federal Trademark Search reviews the USPTO data base and is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.

Our Trademark Engine Federal, State & Common Law Search reviews the USPTO database, the databases of all 50 states, a business registry and the database of domain names. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.

Our Trademark Engine Global Search reviews the USPTO database, the databases of all 50 states, a business registry, the database of domain names, the World Intellectual Property Organization (“WIPO”) database, the Canadian Federal Trademark database, the European Community database, the France Federal database and the German federal database. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design.

Click here to see a sample of the comprehensive federal, state and common law search reports.

Under U.S. law, you establish what is known as “common law” rights when you use your name, logo or slogan in commerce even if you do not register it. Therefore, someone may be out there already using the name you would like to use. They may have already obtained rights in certain geographic regions and you should know about that before investing in your trademark strategy.

So, why pay to register your trademark if you get common law rights just by using your name? Good question. Common law rights are limited to the geographic area where you actually use the mark as opposed to nationwide protection given to you when you register your mark. Without registration, you can be limited to using your mark geographically and not have the ability to expand. Likewise, if someone else is already using your mark in a limited geographic area, you can box them in by registering your mark. Plus, should you ever have to sue someone for trademark infringement, your registration gives you a leg up in court as to the validity of your mark and your date of usage. There are also remedies available to registered trademark owners in the event of litigation. Finally, when you let us file your trademark, once accepted, you will be on the USPTO database which discourages others from using your mark in the future. Future companies will know your mark is already spoken for and hopefully you can avoid any disputes rather than hoping others run comprehensive searches and honor your common law rights.

Unfortunately not. We use proprietary commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will make it through and be approved even if you use our search services. There may be a number of reasons the USPTO rejects your mark and there are circumstances where an automated search may not identify a mark the USPTO identifies as a reason to reject your mark.

Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail to all claims or challenges made by holders of common law rights to all marks. There are circumstances where an automated search may not identify a common law mark that may be similar to your mark.

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