![]() First, however, you need to obtain the applicable design code(s), which you can find in the USPTO’s Design Search Code Manual. What if your desired trademark doesn’t consist of words but rather a design? If you intend to register a trademark that uses an illustration instead of just a simple name, you can use TESS to conduct a design mark search. Checking this system is a great way to possibly avoid a potential rejection based on the “likelihood of confusion” – that is, your application is denied because your proposed trademark is too similar to another and would cause confusion in the marketplace. A search in TESS will also pull up pending applications so you can see if another business is in the process of beating you to the punch. Luckily, the USPTO maintains a database of trademarked terms called the Trademark Electronic Search System (TESS). It’s no use trying to trademark a brand or phrase that has already been trademarked by someone else. You can then use that alternative name to register for a trademark. Since sole proprietors must legally use their personal name as their business name, this affords them the option of selecting a different name to conduct business under publicly. Review the USPTO’s rules and consider the above factors to get a sense of whether your application is likely to be approved before fully embarking on the endeavor.Īnother thing to keep in mind: If you are a sole proprietor, you will need to register a DBA (doing business as) name before applying for a trademark. The trademark process is time-consuming and costs money, so you don’t want to waste effort trying to trademark an ineligible idea. ![]() However, it’s wise to understand whether your brand is even eligible for a trademark in the first place. It is particularly important to trademark your business identity if it says something unique about your brand, like your commitment to eco-friendly business.
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