Yes, the USPTO database is now on-line. But this database covers marks only as of approximately 4 weeks ago (at any given date). The USPTO receives between 6000-8000 applications for trademark registration every week, which means that at any given time there could be 32,000 applications which have not yet hit the system.
AND, the search mechanism on the USPTO site is weak. It will not always pick up marks in the database, and errors and omissions in the search results provided by the TESS are common place.
Lastly, it is nearly impossible for an inexperienced searcher to know what might be considered a direct or close hit by the USPTO examiner.
The USPTO does not look at only the class code for which you are applying, they also search under "Coordinated Class Codes". So does Mr. Trademark (our search covers all class codes). For example, you may be filing for hand tools in class 007, but the USPTO will also review 10 additional class codes during their initial examination. Please see "Coordinated Class Code" list as used by USPTO effective January 2002. CLICK HERE
So, an up to date search is a small but wise investment ($ 99) to protect a larger concern, namely the $325 government fee per class code that is forfeited if the USPTO rejects your application due to its mere similarity to a registered or pending mark.
And once you receive back a "clean" search report from Mr. Trademark, you should register it as soon as possible, because if someone else submits a registration application before you do, that individual has first claim to the name and your mark will be 2nd in line in the registration process, and possibly, ultimately rejected.
Our search is referred to as a “full availability search” and is the type of full search that Intellectual Property lawyers provide.
The full availability search includes the following information:
- US Federal Registered Trademarks
- US Federal Pending Trademarks
- 50 state incorporation databases
- 50 state trademark databases (also includes US Virgin Islands and Pto Rico)
- Over 100 business and industry sources, such as but not limited to: Dun & Bradstreet, Thomas Register, Advertising Journals, Newspapers, Internet websites, etc.
- Domain Name Search
We provide the information in an interactive WORD format*, returned to you via e-mail in 8 working hours.
*PDF and Text formats are also available, but are not interactive
We are not lawyers, and your search results do not come with a legal opinion, which in most cases is not required. Your search does, however, come with a summary which in and of itself does reflect the searcher’s opinion on the likelihood of a successful registration.