Conducting a trademark search is crucial before registering your trademark to ensure it doesn’t conflict with existing ones. The Trademark Electronic Search System (TESS) is a free tool provided by the USPTO to help you check for existing trademarks. Here’s a step-by-step guide:

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1. Why Search for a Trademark?

• Avoid Conflicts: Ensure your trademark is unique and doesn't infringe on existing ones.
• Save Time and Money: Prevent costly rejections by verifying trademark availability upfront.
• Legal Protection: Identify potential risks and secure your brand's identity.

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2. What is TESS?

• TESS: A search engine by the USPTO that provides access to registered trademarks and pending applications in the U.S.
• Limitation: It doesn’t include trademarks registered outside the USPTO (e.g., common law trademarks).

Tip: For a comprehensive search, consult a trademark attorney or use additional databases.

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3. Steps for a Trademark Search Using TESS

Step 1: Visit the TESS Website

• Go to TESS.

Step 2: Choose a Search Option

TESS offers three search types:
1. Basic Word Mark Search: Best for simple word-based trademarks.
2. Word and/or Design Mark Search (Structured): For refined searches using filters.
3. Word and/or Design Mark Search (Free-Form): Advanced search for experienced users.

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4. Basic Word Mark Search

• Best for: Checking word-based trademarks.
• Steps:
• Enter the word(s) in the search bar.
• Choose “Live” marks to filter active trademarks.
• Submit the query and review results.
• Example: Searching for "Digital" returns trademarks containing that word.

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5. Word and/or Design Mark Search (Structured)

• Best for: Logos or more detailed trademark searches.
• Steps:
• Choose specific fields (e.g., design codes, owner name).
• Enter search terms and apply filters like "Live" marks or "Design Search Code."
• Combine multiple fields with operators (e.g., AND, OR).
• Review results for potential conflicts.

Pro Tip: Use the USPTO Design Search Code Manual to find codes for logo elements.

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6. Word and/or Design Mark Search (Free-Form)

• Best for: Advanced users needing granular control.
• Steps:
• Manually format search queries with field codes (e.g., Digital[bi] AND 010103[dc]).
• Include operators to refine searches.
• Submit the query and analyze results.
• Example: Narrow down trademarks with "Digital" in the name and a star-shaped logo.

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7. Additional Resources for Trademark Searches

Local State Searches

• Check your state’s trademark database for region-specific trademarks.
• Use the USPTO State Trademark Office Directory.

Global Search

• Use the WIPO Global Brand Database for international trademarks.

Internet Search

• Use Google to check for unregistered trademarks or similar brand names in use.

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8. Tips for Success

• Include Variations: Search for plural forms, misspellings, and synonyms.
• Check Goods/Services: Ensure trademarks in related industries don’t overlap.
• Document Findings: Save search results for reference during registration.

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9. When to Consult a Professional

• If you’re unsure about search results or the “likelihood of confusion,” hire a trademark attorney for a thorough review.

Remember: A well-conducted trademark search ensures your brand is legally protected and sets the foundation for success!

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