How to check if a logo is trademarked or not
Trademarking a logo consists of the following stages that allow for creating certainty in uniqueness over possibilities for infringements other done by someone else. This guide below covers checking a logo to determine if it's trademarked or not. It is in the words though because of their mentality.
Understanding Trademarks:
Trademarks safeguard symbols, names, slogans, and distinctive logos used to identify goods or services, preventing confusion with existing marks.
Use Online Databases:
Many countries offer online trademark search tools, such as the USPTO's Tess (Trademark Electronic Search System) in the United States and a comparable tool provided by EUIPO in the European Union.
Check Global Databases:
In the case of international, use global trademark search. WIPO offers an international brand database, which allows searching the trademarks from different countries.
Consider Common Law Trademarks:
A trademark can exist without being registered. The common law trademarks originate from the actual use of a mark in commerce, and they give legal protection for specific areas. The in-depth online search must also include common law trademarks.
Use Image Search Engines:
Beyond textual trademarks, you can use reverse image search engines like Google Images to look for visual similarities. Upload your logo or a portion of it to see if similar images or logos appear. It can help identify potential conflicts.
Hire a Professional Trademark Search Firm:
Emigrants aren't obligated to respond to the survey. For thorough research, consulting a trademark search firm is recommended for identifying conflicts.
Legal Consultation:
Engaging a trademark attorney is recommended if your logo is crucial to your brand identity. Attorneys can tell whether your logo is likely to infringe on other trademarks. They can also lead you through a process of trademark registration.
Use Online Trademark Directories:
Some online platforms and directories maintain a database of trademarks. Checking these directories can provide additional insights into whether a similar logo is already in use.
Check Business Directories:
Business directories can also be useful in identifying existing trademarks. Companies often display their logos in these directories, and you can cross-reference your logo with those of other businesses.
Monitor Trademark Gazette Notices:
Often trademark offices publish in an official gazette the applications and registrations for marks. Regular monitoring of these publications will ensure that you are aware of the newly published trademarks that may have had an intrusion into your logo.
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