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Finding out if a brand name is already in use..

by gixxer
6 replies
Hey everyone!

I've got a brand name in mind for a product series I'm doing. I've done basic google searches on the name and the domains are also available.

Is this enough to know that no one is using the terms to brand an existing product? Any other sources I should check?

Thanks!

Adam
#brand #finding
  • Profile picture of the author MarkAndrews IMCopywriting
    [DELETED]
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    • Profile picture of the author gixxer
      Thanks!

      gixxer
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    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by MarkAndrews IMCopywriting View Post

      This might be helpful...

      http://tess2.uspto.gov/

      Best,


      Mark Andrews...
      Yep ... this is the place to search for a live registered trademark. Doesn't matter whether or not the domains are available. Check for a trademark. Even then, there can be international trademark registered. If you can afford it, it's always good to get a trademark attorney to search all of the databases.
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      • Profile picture of the author gixxer
        All great advice guys. Thanks everyone!

        So far, it looks like I'm clear!

        gixxer
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  • Profile picture of the author Lisa Gergets
    Originally Posted by gixxer View Post

    Hey everyone!

    I've got a brand name in mind for a product series I'm doing. I've done basic google searches on the name and the domains are also available.

    Is this enough to know that no one is using the terms to brand an existing product? Any other sources I should check?

    Thanks!

    Adam
    If the domains are available, you're generally safe.
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    • Profile picture of the author E. Brian Rose
      Originally Posted by Lisa Gergets View Post

      If the domains are available, you're generally safe.
      He should check the trademark site. There are lots of trademarks that do not have a domain name registered.
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      Founder of JVZoo. All around good guy :)

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      • Profile picture of the author Bill Farnham
        Originally Posted by E. Brian Rose View Post

        He should check the trademark site. There are lots of trademarks that do not have a domain name registered.
        While this statement is obviously true, it should also be tempered by the following...

        What is NOT in TESS? Some trademark owners with valid and protected trademark rights do not choose to register their marks with the USPTO, so those marks will not be found in this database. However, you should still consider these other marks when adopting a mark for your goods and/or services. If a trademark is being used in the United States, the owner may have legally protected rights that are not the result of the USPTO registration process. You may therefore wish to consult a trademark attorney or professional trademark search firm for a more comprehensive search of, e.g., state registrations and common law marks.

        (This is not legal advice) Relying on a TESS search to determine if a TM exists has it's drawbacks. What has become obvious over the last decade is the slim chance of a TM being used in commerce, and NOT showing up on an internet search.

        While only an extensive search can provide reasonable certainty regarding the uniqueness of a proposed TM, if you can't find or see uses of the name by doing searches on the internet you have a reasonable expectation that you will be safe.

        Depending on how big/successful you expect the product line to be would give you clues as to how much money you want to spend on a TM search.

        Also keep in mind that TMs are generally limited to the field in which the products compete.

        ~Bill
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