Determining Trademark Availability

The best way to determine whether a mark is protectable and does not infringe another is to conduct a trademark availability search. There are several methods of checking availability, from self-help searches to engaging the services of firms that specialize in trademark clearance checks.

For marks that will be in use for only a very limited time, such as during a one-month local advertising campaign, a more limited search of the PTO database may be acceptable. Access the PTO Web site at www. uspto.gov and select ''Trademark Electronic Search System'' (TESS). A form is provided allowing one to check the PTO's database of 2.7 million registered, abandoned, canceled, and expired marks and pending applications. ...

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