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Where cann I go to perform a trademark search on a name?

by Brad Callen
8 replies
We're looking to create an app named "something" and I need to see if:

1. The name is a registered/trademarked name that I can't use for anything.
2. The name is already taken in the Apple store.

Can you guys let me know how to do both?

Thanks.
#cann #perform #search #trademark
  • Profile picture of the author gruss
    If you're looking for a trademark in the US, you could try this.
    Let me google that for you

    First unpaid listing is the United States Patent and Trademark Office
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    • Profile picture of the author Brad Callen
      Originally Posted by gruss View Post

      If you're looking for a trademark in the US, you could try this.
      Let me google that for you

      First unpaid listing is the United States Patent and Trademark Office
      Right... but what I'm wondering is just because "something" shows up, does that mean I can't use the name for a completely different niche'd product?
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      • Profile picture of the author gruss
        Trademarks are applied for Brad, so even if it is not showing up, you will only find out if the registration of a trademark is possible by applying for it (and they usually take a while to process).

        For now stick a (TM) on whatever you want to use and you will change that to an (R) Registered trademark only if you're approved.

        Putting TM on something doesn't stop someone from challenging you on the trademark, but it will discourage some people from using it if they can see you have the TM on it.


        Originally Posted by Brad Callen View Post

        Right... but what I'm wondering is just because "something" shows up, does that mean I can't use the name for a completely different niche'd product?
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  • Profile picture of the author sbucciarel
    Banned
    Trademark Electronic Search System (TESS)

    I choose the Basic Word Mark link
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  • Profile picture of the author stoltingmediagroup
    Even though you could go through the process of searching for and registering a trademark yourself as in my opinion it's not all that complicated, if you want to make sure that your product is legally protected, you may want to consider consulting a trademark lawyer who is able to search and file on your behalf.

    Especially when there is a possibility of infringement of someone else's rights. A lawyer experienced in this field would be able to minimize the possibility of you facing a lawsuit in the future. Whether your search in either Apple, or on uspto shows anything or not, may not matter much as you can still be stepping on someones toes. (unknowingly).
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    • Profile picture of the author Brad Callen
      Originally Posted by stoltingmediagroup View Post

      Even though you could go through the process of searching for and registering a trademark yourself as in my opinion it's not all that complicated, if you want to make sure that your product is legally protected, you may want to consider consulting a trademark lawyer who is able to search and file on your behalf.

      Especially when there is a possibility of infringement of someone else's rights. A lawyer experienced in this field would be able to minimize the possibility of you facing a lawsuit in the future. Whether your search in either Apple, or on uspto shows anything or not, may not matter much as you can still be stepping on someones toes. (unknowingly).
      Thanks. Who would you suggest I go to for this?
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  • Profile picture of the author stoltingmediagroup
    Can't recommend anyone personally where you are. (I'm in Toronto). But I trust you can find some trademark lawyers in your area. Maybe get a free consultation etc.
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    Arnold Stolting - Stolting Media Group
    "I LOVE The Song! The Vibe Is Positive And Firm!" - Kymani Marley. (Son of Bob Marley).
    "Very High Quality!" Jeremy Harding - Manager / Producer. Sean Paul.
    "They Are FANTASTIC!" - Willie Crawford.
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  • Profile picture of the author l0gic
    I used to work in-house at an Intellectual Property law firm and I highly recommend seeking counsel regarding the Trademark Search. They'll be able to not only tell you the results but explain what they mean and how it will affect you. I can only recommend folks in Vancouver as that's where I'm located but you should DEFINITELY talk to a lawyer. Trademark law relies on protection and litigation in order for trademarks to exist at all, therefore infringing on someone elses' mark can result in serious damages.
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