How to check if a trademark is available?

Hello, everyone! I'm Vladimir from Bonamark. Today, I’m excited to present on trademark searching and registration, covering essentials from basic principles to practical steps for checking the availability of your trademark.

1. About Bonamark

• Who We Are: A fixed-fee trademark registration agency with transparent pricing.
• Experience: Since 2016, we've registered over 7,000 marks globally, from the U.S. to Mongolia.
• Support: We provide ongoing support in English, Spanish, German, and Russian.

2. Importance of Trademark Registration

• Asset Creation: Trademarks add business value over time, serving as a tangible asset.
• Protection Against Copycats: Ensures your brand identity is safeguarded.
• Prevention of Infringement Claims: Reduces risks of potential lawsuits.
• Amazon Brand Registry: Trademark registration is essential for Amazon’s brand registry, giving you control over listings.

3. Understanding Trademark Infringement

• Definition: Using or resembling an existing trademark without permission.
• Examples:
  • Intentional Imitation: Brands mimicking established names.
  • Unintentional Confusion: Accidental similarities due to limited options.
  • Domain & Packaging: Includes using similar domains or packaging that can mislead consumers.

4. Steps for Checking Trademark Availability

Step 1: Registerability Criteria

• Non-descriptive: Avoid terms describing the product (e.g., "Fresh Water").
• Lawfulness: Should not include offensive terms or reference prohibited activities.
• Non-deceptive: Avoid names that might mislead about the product’s origin or attributes.

Step 2: Search for Potential Conflicts

• Define Product Classes: Determine specific classes for your trademark.
• AI & Manual Searches: Use available AI tools for preliminary checks, followed by manual confirmation.

Step 3: Assess Similarities

• Compare Similarities: Evaluate if a consumer would confuse your mark with existing trademarks.
• Consult an Expert: For deeper insights, professional advice may prevent costly rejections.

5. Recommended Trademark Search Tools

• TESS (USPTO): For U.S.-based trademarks.
• TMView: Covers trademarks in multiple jurisdictions with AI search.
• European Union Trademark Search: Allows logo comparisons.
• UK & Australian Searches: Known for accuracy and reliability.

Feel free to reach out at [email protected] for questions or additional assistance. Thank you for joining this session, and best of luck with your trademark journey!