What is in TESS?
The Trademark Electronic Search System ( TESS ) contains the records of active and inactive brand registrations and applications, some of which could be found in the USPTO ‘s examen of your application to be grounds for refusing to register your marker, i.e., if the examining lawyer determines that a “ likelihood of confusion ” exists. What is NOT in TESS?
Some hallmark owners with valid and protected trademark rights do not choose to register their marks with the USPTO, so those marks will not
be found in this database. however, you should still consider these other marks when adopting a tag for your goods and/or services. If a trademark is being used in the United States, the owner may have legally protected rights that are not the result of the USPTO registration process. You may therefore wish to consult a hallmark lawyer for a more comprehensive examination search of, for example, country registrations and common law marks. Why should I perform a search?
The function of the search is to help determine whether a “ likelihood of confusion ” exists, i.e., whether any marker has already been registered or applied for at the USPTO that is ( 1 ) the same OR
alike to your target ; and
( 2 ) used on related products or for related services. Note that the identical check could be registered to different parties if the goods and/or services are in no way related, for example, for computers and balmy drinks. For more detailed information about “ likelihood of confusion, ” including examples, snap here. warn : If your search reveals another marker that would decidedly “ block ” your application based on the above standard, please eminence that if you file anyhow, the file tip is a process fee that the USPTO does not
refund evening if registration of your commemorate is refused. Will my mark register if I do not find anything in TESS?
No, not necessarily. USPTO attorneys make decisions on whether marks may be registered. After you file your lotion, the USPTO will conduct its own search and other review, and might refuse your target, based on several different potential grounds for refusal. ( Once you submit your application, the USPTO will not cancel the file or refund your fee, unless the application fails to satisfy minimum charge requirements. Filing an application does not
guarantee adjustment. )
How should I search? The USPTO can not provide steering as to how you should search, beyond the linked HELP provided at the top of the first base page of the TESS locate. however, you must understand that a complete search is one that will uncover ALL similar marks, NOT good those that are identical. In summation to studying the marks, you must besides closely study the listed goods and/or services to determine potential “ relatedness. ” Searching for hallmark handiness is not the lapp as searching to register through a domain list registrar a “ .com ” address, which focuses on demand or “ dead on ” hits, with no circumstance given to exchangeable names or use with relate products and services. besides, if available, the sphere appoint registrar may register a “ .com ” address on the lapp sidereal day as your search. The hallmark adjustment process, on the other hand, is more building complex. As separate of the overall examination process, the USPTO will search its database to determine whether registration must be refused because a similar check is already registered for associate products or services. We do not offer advisory opinions on the handiness of a mark anterior to file of an actual application.
Where can I find a table of color linings for older marks that were not filed in color but instead had drawings “lined” for color? The table of color linings ( subsection G of Guideline # 15 ).