Comprehensive Trademark Study

To start, identify the class you want to register your trademark in. Use our Trademark Class Search tool by entering your product or service to find the appropriate class or classes.

Once you have your class(es), use our Trademark Search engine or visit your country's Trademark Office to conduct the search.

When searching, experiment with different variations of your name. For instance, if searching for AMAZON, also try AMASON, HAMAZON, or similar variations. Explore various combinations of words and spellings.

Trademark searches can be complex and time-consuming. If you're short on time or experience, our company offers a Trademark Study service. This study provides details on potential classes for registration, lists identical and similar trademarks, and includes an attorney's recommendation on registration possibilities and trademark usage.

A Trademark Study is a comprehensive search report that identifies identical and similar trademarks (both graphic and phonetic) that might conflict with yours. It also provides an attorney's opinion on the likelihood of successful registration and the appropriate class(es) for your product(s) or service(s). The study includes the following sections:

This section identifies the classes under which it is advisable to register your trademark, based on the description of your products and/or services.

Our attorneys conduct a thorough search of existing registered trademarks in the relevant class to find those with graphic or phonetic similarities.

Based on the search results, our attorneys provide a recommendation regarding the likelihood of successful registration.

Order your Trademark Study and begin your trademark registration process today!

No, you don't need an attorney, but if you're not familiar with trademarks, it's a good idea to get professional assistance. Our company offers a service called Trademark Study. This service provides information on the classes where you might want to register your trademark, lists any identical or similar trademarks, and includes an attorney's advice on registration possibilities and trademark usage.

You can also try our Trademark Search tool.

Understanding what makes a trademark strong or weak can be tricky. A thorough trademark search is essential to identify any conflicts with existing trademarks. This step is crucial because infringing on someone else's trademark can lead to your application being rejected or challenged.

After confirming your trademark's uniqueness, evaluate how strong or weak it is in terms of protection against future infringement. Strong trademarks, like suggestive, fanciful, or arbitrary marks, don't directly describe your products or services using common terms. These are easier to defend. On the other hand, weak trademarks, such as descriptive or generic marks, use common phrases and are harder to protect. Trademarks that are easy to copy or counterfeit are considered weak.

When applying for a trademark, it's important to assess how your design compares to existing registered marks. The approving authority will also consider the risk of future disputes over infringement and property rights.

When trademarks are too similar, it can confuse customers and give counterfeiters a chance to steal your profits, misuse your brand, and harm your reputation. It's important to consider trademarks that look or sound alike, or have similar meanings in different languages, when choosing a mark for your business.

A thoroughly researched and properly registered trademark helps assure consumers and legal authorities worldwide that your mark represents your products or services.

Choosing a trademark requires careful planning. Small details can make your mark stand out. Think about how strong or weak your trademark is in setting you apart from competitors and preventing counterfeiting. Is your mark easy to remember? Does it stand out online with its clarity, style, and uniqueness? Will people remember it over time? If you expand internationally, will your design be well-received and not offend other cultures?

The United States Patent Office notes that they can only register claims to goods, services, and intellectual property. It's up to property owners to enforce their rights. Registering a trademark is a key step in protecting your claims.

To manage trademarks effectively, most countries have adopted the Nice Classification system, which organizes all goods and services into 45 distinct classes: 34 for goods and 11 for services.

For instance, if you want to register 'RackTacket Remote Rockets' under the trademark classes for toys, rockets, and rocket launchers, similar names might still be available in other categories like pharmaceuticals or leather goods. You have chosen to register under toys and rockets instead of pharmaceuticals or leather goods.

You can utilize our Trademark Class Search tool to find your class, or you can request a Trademark Study where an attorney will review your products and services and provide guidance on the appropriate classes to apply for.

Trademark applications are often rejected by the trademark office for the following reasons:

• The trademark is too similar in sound, meaning, or appearance to existing trademarks, especially if they are for the same products or services.
• The trademark is a generic description of a product, service, or geographic location, which could easily be confused with other brands by the public.
• The trademark is deceptive, confusing, or misleading. It's best to avoid using vulgar phrases, even if they are popular.
• The trademark is a personal or family surname.

If you find out that another company has already applied for or registered a trademark, and they offer similar products or services as you, they have the rights to the trademark. You'll likely need to choose a different trademark to register.

In countries with 'common law' systems (like the U.S.), if they used the trademark before you filed yours, they might have legal rights to it based on how extensively they've used it.

If the other company has only used their trademark for a short time or in a small area, you might be able to apply again with the Trademark Office. However, be aware that your application is very likely to be rejected.