Test your trademark knowledge

Hi Kent -

You don't need to hire an attorney, however, keep in mind that the results you achieve may not be optimal. While hiring an attorney may seem like an unnecessary expense at the moment - if problems arise or complexities pop up, it will appear to be cheap insurance later.

You can search the USPTO website to determine what marks have been registered previously. In order to determine if a name is available, however, you should conduct a broader search as there is no requirement for a trademark to be registered. Simple use may, in some cases, create trademark rights. Furthermore, even if you file the trademark with the USPTO and they grant it - that still doesn't guarantee that the mark does not infringe someone else's mark (i.e., it may be 'confusingly similar' to someone else's mark and thereby infringe upon their rights).

In order to minimize such risks, I would advise you to contact an attorney and request a trademark availability search be conducted on your proposed mark prior to adopting the mark and using it.

I am not aware of any state requiring a trademark search prior to conducting business in the state.

Trademarks last indefinitely as long as they are "in use". You must file a declaration with the Trademark Office attesting to such continuing use (1) on the sixth year after allowance; and (2) every ten years thereafter.

TM is the common law designation that someone is using a mark in a trademark manner. It can be used as soon as a mark is used in commerce to indicate the source or origin of the goods or services. The R indicates that the mark is protected by a federal trademark registration - i.e., that a trademark application was filed and approved.

For more information, the Trademark Office has a number of useful FAQs on how to file, when to file, etc. available at:

http://www.uspto.gov/web/offices/tac/doc/basic/