Legal Question in Intellectual Property in California

How do I do a free name search for a trademark before I register with USPTO.go ? The USPTO.gov requires a payment of $275 to file and no refunds if the name is already trademarked.


Asked on 11/01/11, 6:30 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Go to the same Web site, www.uspto.gov, that you would use to initiate an on-line registration attempt. Then select option #2 under trademarks and enter TESS (Trademark Electronic Search Service). Maybe you should first select option #1, Trademark Basics.

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Answered on 11/01/11, 8:37 am
Shawn Jackson The Jackson Law Firm, P.C.

Also, keep in mind that the "decision process" does involve a USPTO attorney reviewing the new application and making a determination about any "confusion in the marketplace". So, an initial search is just the first step and you may want to engage an attorney to assist you in this process.

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Shawn Jackson ESQ. (707) 584-4529

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Answered on 11/01/11, 4:04 pm


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