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Trademark Searching at the
University of Washington Engineering Library

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While the Library staff is happy to provide assistance with your search, we cannot perform searches or dispense legal advice. The University of Washington and its employees are providing a service of an informational nature with no express or implied warranty for results and assume no obligation or liability for damage arising out of the use, or inability to use, the information provided.

What is a Trademark?
A trademark is a word, symbol, design, or combination of letters or numbers or other device which identifies and distinguishes products and services in the marketplace. Protection is renewable indefinitely. Do not confuse trademarks with business names (trade names).

What is a Trademark Search?
A trademark search is a search for all companies or persons using your mark or similar marks in the marketplace. A complete search includes not only Federally registered trademarks, but also state trademarks, trade names, corporation and business names, trade literature, company indexes, business and newspaper indexes. For additional information on the other types of searching see section below entitled, "More Complete Trademark Searching".

Can I do a Trademark Search via the Internet?
Some trademark searching can be done on the USPTO Web Trademark Database. Be sure to read and understand the scope notes, help screens and disclaimers before conducting your search. For more information see our "Selected Patent and Trademark Information Available via the Internet" handout, available in the Patent and Trademark Research Area or on our website at http://www.lib.washington.edu/engineering/ptdl/webpat.html

Which steps of a complete Trademark search can I do at the UW Engineering Library?
The UW Engineering Library has the capabilities for searching for Federally Registered Trademarks and Federal Trademarks Pending only. This information is available from the USPTO Web Trademark Database, called the Trademark Electronic Search System (TESS) and other resources from the USPTO. We do not have any information about state marks or unregistered marks whose owners/users are not pursuing federal trademark protection.

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What capabilities does the USPTO Web Trademark Database have?

• The USPTO Web Trademark Database only searches federally registered trademarks, pending federal trademark applications, and some dead federal trademarks.
• The Registered and the Pending can be searched simultaneously. Check on the date of the most current data load on the primary searching page.
• Images are available.
• The USPTO Trademark Electronic Search Sytem (TESS) is freely accessible on the USPTO Website at the following URL -
  www.uspto.gov/main/trademarks.htm
  Click on "Search trademarks".
• In TESS trademark records, there are links to status information in the Trademark Applications & Registrations Retrieval (TARR) system.

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Word or Phrase Searching

Word or Phrase Searching can be done using the USPTO Trademark Electronic Search Sytem (TESS). Using TESS is just ONE step of a complete trademark search.

In Brief: You need to look for:

• Identical marks across all trademark classes.
• Confusingly similar marks in the trademark class in which you wish to register your mark.
• Confusingly similar marks in coordinate or related trademark classes.

You must search all variant spellings you can think of to ensure that there are no marks which could have a likelihood of confusion with another registered mark.

• For word or phrase searching, you can use the USPTO Trademark Electronic Search Sytem (TESS) as the first step.
• On TESS, you may wish to start with the New User Form Search (Basic).

Determining a Class for Trademarks:

• There are 45 total International Classes for trademarks. 34 are for goods, 11 are for services.
  For a complete listing see the "International Schedule of Classes" (on the USPTO website at www.uspto.gov/web/offices/tac/doc/basic/international.htm ) or "Basic Facts about Registering a Trademark", a publication available in print or on the USPTO website.
• Be sure to read through the descriptions of the classification, noting what is included in particular and what is excluded in particular.
• The "Trademark Acceptable Identification of Goods and Services Manual"serves as an index to the classes and is available on the Patent and Trademark Research Table and on the USPTO website at http://tess2.uspto.gov/netahtml/tidm.html/. Use this manual to look up words that describe your good or service. The International Class numbers appear next to each term. Be sure to find all classes that your good or service fits into, as well as classes related to your subject area(s).
• You may combine a keyword search with class numbers in the USPTO Trademark Electronic Search Sytem (TESS).

Search all variant spellings
You will want to search on all variant spellings of your mark. You must try all variant spellings because the USPTO Trademark Electronic Search Sytem (TESS) searches for terms exactly as they are typed. Please read the "HELP" screens provided on TESS for more information and in order to use the database effectively. Again, the USPTO Trademark Electronic Search Sytem (TESS) is accessible on the USPTO Website at the following URL - www.uspto.gov/main/trademarks.htm Click on "Search trademarks".

• Singular and plural forms of the word(s).
• Phonetically equivalent consonants or vowels.
• Making a compound word or dividing out one word into two.
• Synonyms or homonyms.
• Foreign language equivalents, if known.

Why do I have to search all variant spellings?
With trademarks you want to avoid the likelihood of confusion in the marketplace. Variant spellings can make marks confusingly similar. Marks can be confusingly similar if they:

• Sound alike
• Look the same
• Have the same meaning or commercial impression.

For more information on likelihood of confusion see the handout by the same title in the Patent and Trademark Research Area.

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Logo or Design Searching

Logo or Design Searching can be done using the USPTO Web Trademark Database (TESS). Using TESS is just ONE step of a complete trademark search.

In Brief: Searching for design/logos is a step by step process. You need to:

• Establish a design search code.
• Use the USPTO Trademark Electronic Search Sytem (TESS) to generate a list of relevant records to look at, then locate and consider each relevant logo in the TESS database or in the weekly trademark gazette. You will need to consult the weekly trademark gazette for any images absent from TESS.

Determine a Design Search Code.
Use the "Design Code Manual". This manual is the guide to classification for logos. Read all of the introduction and general guidelines to the code manual for specific directions. There is an alphabetic index. You must think of all possible aspects of your logo to search and establish codes for each aspect. The logos depicted in the Manual are examples of the subject area only. They are not the only logos registered under that classification. There is a copy of the Design Code Manual on the Patent and Trademark Reference Area Table. It is also freely available on the Web at: http://tess2.uspto.gov/tmdb/dscm/index.htm.

Using the USPTO Web Trademark Database (TESS).

Once you have established all relevant design search codes then you go into the USPTO Web Trademark Database. Select the Free Form Search (Advanced Search) option. Enter the 6 digit design code without any periods followed by [dc] (i.e. 123456[dc]). If you want to search using more than one design code, combine them with the logical operator "AND" in between them (i.e. 123456[dc] AND 789101[dc]). You can also use the Structured Form Search (Boolean) to search for a design code or combine design codes. Use the drop down menu to change the "Field" search box to "Design Code."

Most logos will be viewable from the full record for the trademark. If the logo is not present you will need to look it up in the Official Gazette, available in the Patent and Trademark Research Area. See above for directions on how to locate Trademarks within the Official Gazette.

Complete Federal Trademark Searching at the UW Engineering Library.

The most recent 5 issues of the Trademark Gazette are also available online at the USPTO website: http://www.uspto.gov/web/trademarks/tmog/.

If you use the USPTO Web Trademark Database, TESS, be sure to check the "Update Information" on the main screen to determine the date of the most recent database load. You may need to consult the Trademark Gazette to determine if any relevant mark or logo has been applied for or registered since the date of the latest update.

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Check the Current Status of Registered Trademarks and Pending Trademark Applications

Check the Trademark Applications & Registrations Retrieval (TARR) system for the status of any registered or pending trademarks. TARR is ONLY available on the USPTO Website at http://tarr.uspto.gov. Records retrieved using the Trademark Web Database (TESS) have links to the status information in TARR. This status information is not found in the "Official Gazette" or elsewhere on the USPTO website. TARR is updated daily.

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More Complete Trademark Searching and Business or Trade Names

There are other sources to consider searching to ensure that no one is already using your potential mark. Just because the mark is not registered on the Federal level does not mean that it is safe to use. The following is a list of suggested resources. It is by no means comprehensive.

• Consult a Registered Trademark Attorney. A registered trademark attorney can give legal advice and render a legal opinion concerning your mark.
• State Trademarks (in any/all states)
  
• Washington State Corporate Names, Washington State Trademarks, Washington State Business Names & Licenses:

  For information about Corporate Names Contact:

  Office of the Secretary of State
  

  Corporations Division
  

  801 Capitol Way South
  

  P.O. Box 40234
  

  Olympia WA 98504-0234
  

  (360) 753-7115
  

  www.secstate.wa.gov/corps/
  

  For information about State Trade Names/Business Names and Licenses contact:

  Department of Licensing
  

  405 Black Lake Blvd SW, Building 2
  

  Phone: (360) 664-1400
  

  Olympia, WA 98507-9034
  

  http://www.dol.wa.gov/business/
  

• Trade Names
  Resources for looking up trade names are located in the Business Administration Library.
  Two sources to consult are:
  • Brands and their Companies. Foster Business Library Reference Stacks T223 .V4 A22
  • Companies and their Brand Names. Foster Business Library Reference Stacks T223 .V4 A23
• Trade catalogs and other trade literature
• Stock Exchanges
• Yellow Pages under "Trademark Agents and Consultants"
• Up-to-date Online Searching (consult yellow pages or contact Research Express)

Other Libraries which have Trademark searching available:

Seattle Public Library
http://www.spl.lib.wa.us
(Central Library)
1000 4th Avenue
(4th and Madison)
Seattle, WA 98104
Business and Technical Reference
(206)386-4636

Other PTDLs in the Pacific Northwest:

University of Idaho
http://www.uidaho.edu/
Moscow, ID 83844-2361
(208)885-6235
(208)885-6817 fax

Paul L. Boley Law Library
http://www.lclark.edu/~lawlib/
Northwestern School of Law of Lewis and Clark College
10015 SW Terwilliger Boulevard
Portland, OR 97219
(503)768-6776 voice
(503)768-6671 fax

Useful Addresses and Phone Numbers:

United States Patent and Trademark Office
http://www.uspto.gov/
Box 9
Washington DC 20231
(703) 557-INFO Menu
(704) 308-4357 Public Information Line
(705) 786-2224 Information about changes in the patent law

Sources to be familiar with:

"Basic Facts about Registering a Trademark" by the Patent and Trademark Office. Includes application information and forms. Available on the Patent and Trademark Research Table.

"Trademark: Legal Care for your Business and Product Name" Includes all official forms and instructions to apply for a trademark. In addition there are very helpful sections about selecting and searching marks. Available on the Patent and Trademark Research Table.

Can't find it?

• Application Forms for Trademarks. Application forms are available from the USPTO website. Electronic filing is available. Consult the USPTO's Trademark Electronic Business Center for more information.
• Copy Machines are on the first floor and on the second floor to the left as you exit the stairs or elevator. If you take materials to the second floor to photocopy, please return them to the patent and trademark research area.
• Dimes? The microform reader/printers take dimes only. $0.20 per page.
• Elevators/Stairs are located in front of the circulation desk.
• Fee Schedule. Fees change every October 1st. For current fees please consult the USPTO: http://www.uspto.gov/main/howtofees.htm
• Food & Drink. Food and drink can be purchased across the street at the HUB (student union building). Absolutely no food or drink is allowed in the library.
• Lose Something? Check at the circulation desk to see if it has been turned into the lost-and-found. As in any public place, do not leave your valuables unattended. The library staff is not responsible for your belongings.
• Phones. There is a pay phone available across street near the HUB. Cellular phone users are asked to exit the library when taking or receiving calls.
• Printer out of Paper? Ask at the Reference Desk for more paper. If the Reference desk is closed, ask at the Circulation desk.
• Restrooms. Women's restrooms are on the second and fourth floors. Men's are on the third and fourth floors. Both fourth floor restrooms are handicap accessible.

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Questions or comments?
Send them to the Engineering Library: englib@u.washington.edu
Last modified: Tuesday April 21, 2009