# Trademark Search



## thisone (Nov 22, 2006)

If I go To TESS and the data base does not show the name I inputted, Is it safe to say the name is available to trademark for a brand? As long as it is available would it be easy applying for trademark without attorney?


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## kimura-mma (Jul 26, 2008)

thisone said:


> If I go To TESS and the data base does not show the name I inputted, Is it safe to say the name is available to trademark for a brand?


It's a good start; but you should also do some searching for similar names, common mispellings of the name, etc. You should also do Google and Yahoo searches to see if the name comes up as being used in commerce. Just because it's not registered as trademark doesn't mean someone isn't using it; they could have common law rights just by using it.



thisone said:


> As long as it is available would it be easy applying for trademark without attorney?


It's best to use an attorney; they offer additional services than just the trademark application. If you need those other services, it's good to use an attorney. If not, then it's not that complicated to do it yourself. The TEAS system guides you through every step.


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## JackyBrown (Jan 23, 2014)

Ditto on the attorney - worth the expense 110% 

JB


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## thisone (Nov 22, 2006)

Thank You

What are common law rights?
Can I use My brand name without trademarking?

What are the additional services offered by the attorneys.

What can I expect to pay for attorney fees?


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## thisone (Nov 22, 2006)

Can I use My brand name without trademarking
And not have to worry about someone else using the name?


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## kimura-mma (Jul 26, 2008)

thisone said:


> What are common law rights?


When a mark is used in commerce, the user can claim rights to it, even without a registered trademark. These are called Common Law Rights. They are very limited in comparison to a registered trademark, but they can be used to prove ownership of a mark based on the specific use in commerce and the market they used it in.



thisone said:


> Can I use My brand name without trademarking?


Yes, of course. It's your brand name; use it all you want.



thisone said:


> What are the additional services offered by the attorneys.


They offer searches, expedited registration, etc. If you search some trademark attorneys and services, you can find much more info than I'd be able to provide here.



thisone said:


> What can I expect to pay for attorney fees?


Anywhere from a couple hundred $ to a couple thousand $. It all depends on what services you need, the experience of the attorney, etc. Again, you can find more info by searching trademark attorney services in your area.



thisone said:


> Can I use My brand name without trademarking
> And not have to worry about someone else using the name?


Ahhh... I see what you did here.

When you start using your brand name in commerce, you will gain common law rights in any market you sell your product in. But since common law rights aren't official, no one will really know you have common law rights. So while you own them, there's nothing really alerting others that you own it. So technically, you will have to worry about someone else using the name. And keep in mind, common law rights are limited. You may or may not be able to prevent others from using your brand name. If you really want to own and protect your brand name, you should register it as a trademark.


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## JackyBrown (Jan 23, 2014)

I paid $1500 for everything.
Lawyer did the search and everything else.

I have marks on the logo style, text, and industries I wanted to lock up. 

Some things need to be done by a lawyer and as much as I enjoy doing my own things wisdom says let those who specialize handle it.... 

I have a friend try to do his own patent for cost reasons, BIG mistake!

JB


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## veetwincowboy (Mar 14, 2015)

Or you can use Legal Zoom, or a similar company. my search and LLC etc was around $400 with them doing all of the research and filing...


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## thisone (Nov 22, 2006)

Thank you all for your help.


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## thisone (Nov 22, 2006)

Bob
Legal zoom charged $400 for search, LLC did they file for a trademark also? was that included with the $400?


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## thisone (Nov 22, 2006)

JB Just curious, other than apparel what other industries did you trademark in (lock up)

I am assuming it's all the same name as your apparel brand name.


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## JackyBrown (Jan 23, 2014)

Did not see a reply here, sorry thisone.
Right now my trade will cover: IC 025 "Clothing/Apparel" 

The list I got from a trade attorney website said is covers in general: 
(but there may be more applications) 

Babies’ pants 
Belts
Blouses
Bottoms
Corsets
Dresses
Eyeshades
Gloves
Head wraps
Headbands
Hoods
Infant and toddler one pieces
Jackets
Jerseys
Khakis
Knee warmers
Leather belts
Pants
Paper hats
Pockets
Shirts
Shoulder wraps
Skirts
Ties
Tops
Wristbands

I misspoke in my previous post not fully understanding categories with basically apparel being one big category. 

JB 



thisone said:


> JB Just curious, other than apparel what other industries did you trademark in (lock up)
> 
> I am assuming it's all the same name as your apparel brand name.


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## thisone (Nov 22, 2006)

Thank You Jacky Brown.


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## kimura-mma (Jul 26, 2008)

The 025 Clothing class is a big category. When you apply for your trademark, you will need to specify what goods you are using with your brand name. Technically, you can just list all clothing items you can think of; but you're really only supposed to list the ones you are actually using in commerce. If someone ever tries to challenge your trademark on a specific item, you will need to provide proof of use. Otherwise, your trademark protection could be voided for that item.


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