Learn about Trademarks:
What is a Trademark?
Benefits of a Trademark
Why Conduct a Trademark Search?
Why Should You Register a Trademark?
Your Rights Once a Trademark is Granted

 



The first step in your trademark search is to look for an exact match to your desired name. Let BizIncUSA assist you right now with a FREE public domain trademark search. This online tool provides a simplified interface to these U.S. Patent and Trademark Office databases: Word Mark, Pseudo Mark and Translation Mark.

Online search identifies only exact marks and may not disclose potential conflicts with similar marks. When you are ready to go to the next step, let The BizIncUSA ® conduct your comprehensive trademark search. Results will include a search of all Federal records -active, inactive and pending and records in all 50 States (since state and federal registrations do not always coincide). It also includes an extensive common-law search, including names that are in use but are not registered. For a comprehensive search, call 800-517-9011 ext 22 or email us. For only $225, a complete packet with results will be delivered to you within 5 to 7 business days.

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What is a Trademark?
A Trademark or Service Mark is a specific word, phrase, name or slogan used in connection with goods or services to identify the source, or to assure the quality, and distinguish goods or services provided by others.

Benefits of a Trademark
Trademarks set a standard for consumer identity of your product or service. Trademarks add quality to a product or service and can give it national recognition. Sometimes trademarks can be more valuable to an organization than the product itself, e.g. McDonald's®.

Why Conduct a Trademark Search?
A "trademark search" is one way to render the proper due diligence to protect your trademark or service mark. A search gives you the added confidence to move forward with usage of your trademark or service mark on products, packaging and/or publicity campaigns. A search will identify whether the name you desire is currently used, or if it has ever been used. A proper trademark search will identify whether the name you desire could possibly cause confusion in the marketplace, whether phonetically or within a particular industry.

Why Should You Register a Trademark?
In the United States, trademark rights depend on use. The first continuous user of a term has the exclusive right to the trademark for the goods or services for which it used or in connection with closely related goods or services. Other significant reasons for filing a trademark include:
  • It gives notice of your claim of ownership
  • To receive nationwide rights to the mark and evidence of exclusive ownership to a product or service
  • A trademark can be recorded with U.S. Customs Service to prevent importation of infringing goods
  • It gives federal courts jurisdiction to hear claims of infringement or unfair competition under state law
  • A U.S. trademark provides the basis for obtaining offshore registration
Your Rights Once a Trademark is Granted
  • You are protected against the use of your mark or any similar mark
  • Establishes criteria for anyone to challenge your trademark
  • Shifts the burden of proof to those attempting to challenge your trade name
  • Upon the filing of a Section 15 affidavit, after five years of use a trademark becomes incontestable for many purposes.
McDonald's is a registered trademark of McDonald's Corporation.