A trademark can be many things -- even sounds or smells. By definition, a trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identify and distinguishes the source of the goods or services of one party from those of others.

It is obviously important to consider whether a trademark that you plan to use is already registered or is in use on the Internet. It is equally obvious that you would likely want to secure rights to a corresponding domain name before you invest time or money in the use of a candidate trademark.

You can conduct a preliminary trademark search here.  If the results of the preliminary search are favorable, you should still consider having a full search conducted at the US Patent and Trademark Office so that the results are based upon a complete data set and are current.

Once you have determined that a mark is not in use on the Internet and the corresponding domain name is available, you should have a trademark registrability search conducted at the United States Patent and Trademark Office. The registrability search will provide you with current information about existing trademark registrations and applications for trademark registration. It is usually not enough to rely upon the records available on the Internet as they are not as current as the public records available at the United States Patent and Trademark Office.

There are inherent problems with searching on the Internet (see advisory on trademark searches).  There is a delay between when a trademark application is filed and when it is actually posted to the Internet. Furthermore,  not all records appear on the US Patent and Trademark Office trademark database.  

If you intend to use or are already using a design mark, such as a logo, and want to register it on the federal register of the US Patent and Trademark Office, a search is not possible on the Internet.  The designs at the public search section of the US Patent and Trademark Office are categorized generally according to shape so that they can be searched by people.  So far, there are no similar searching tools available online.

Proceed with Trademark Registrability Search

The legal fee, including the government filing cost for preparing and filing a trademark application for a single class of goods or services is $1000.00.  

Click here for a Current Schedule of Services and Expenses for Trademarks.

Click here for answers to many common questions about trademarks.
If you have further questions, please contact our office.  We will be glad to provide you with a complimentary 30 minute consultation concerning trademarks or any other intellectual property matters.

Our offices are conveniently located in Alexandria, Virginia, south of the Potomac River from Washington, D.C. Please see more about our firm and trademark attorneys here.

Our offices are also strategically located near both the US Patent and Trademark Office and the US District Court for the Eastern District of Virginia.

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Caution: The information presented on this website is general in nature and should not be considered as legal advice for any specific issue. You should contact an appropriate intellectual property attorney for your specific concerns.