What is a Trademark?

A Trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs which identifies and distinguishes the sources of the goods or services of one party from those of another.

This definition was taken from the brochure Basic Facts About Registering a Trademark, published by the United States Patent and Trademark Office (USPTO). In addition to defining trademarks, it details the establishment of trademark rights, and the trademark application process.

Legal information concerning trademarks is detailed in the Lanham Act, Title 15 of the United States Code.

Trademark Resources

 CASSIS DVD-ROM -- a computerized search system

USAMark trademarks on DVD-ROM

 Official Gazette of the USPTO: 1879 - 1919, 1926 - date

 Index of Trademarks: 1928 - date

http://www.uspto.gov - Trademark database from the USPTO

Our collection also includes books on how to register a trademark. Some of these books are available to borrow. South Carolina residents may apply for a courtesy borrower's card to check out books for two weeks. The cost of this card is $10.00, with a $7.00 annual renewal fee.

Trademark Searches

Reference Librarians have been trained to offer assistance in using trademark materials, but you must perform the search yourself. Staff are not available to do trademark searches for individuals, and cannot give opinions or legal advice.

The USPTO has recently deployed the US Trademark Electronic Search System (TESS). It contains all currently active (and some inactive) trademarks. The file includes both text and graphic images. A handout offering detailed instructions on Searching TESS is available.

Completing a trademark search is not required before filing a trademark application. However, if there is a conflicting mark, the Trademark Office can refuse registration, and will not refund the application fee. Only theTrademark Office can determine marks that conflict, and marks don't have to be identical, or even in the same class of goods or services.

To complete the trademark process, a trademark application must be filed, including the appropriate forms and fees. It is recommended that a trademark attorney be consulted to complete the search and application process.

You can now file a Trademark electronically over the internet using the Trademark Electronic Application System (TEAS). Be sure to check your form for completeness before submitting it to the USPTO. Or you can use TEAS to print out the form and send it in by mail.

Once you have filed a trademark, you can check its status in the Trademark Applications and Registrations Retrieval (TARR) system. You must have a valid serial number or registration number to access the system.

Additional information and free brochures are available from the Patent and Trademark Office.

Separate from federal Trademarks, each state issues its own trademarks. These are valid only in the state where they are issued, whereas trademarks issued by the USPTO are valid in all 50 states.

Comments to: Jan Comfort