If you want to patent your invention or register a trademark, there are certain steps you need to take to initiate either process. One of the earliest stages will be conducting a patent or trademark search to ensure your invention or prospective mark is novel and does not conflict with existing forms of intellectual property.
There are several key steps involved when searching for a registered patent or trademark. While these tools are free and available to anyone, it is also advisable to consult with an attorney after doing a preliminary patent or trademark search. We can eliminate any confusion during the process while helping you seek the necessary legal protections to assert your ownership over your intellectual property.
Patents and trademarks are key forms of intellectual property. Registering a trademark or becoming the formal owner of a patent can grant you exclusive rights and protections that are integral to the longevity of your brand, business, or venture.
However, patents and trademarks differ in both purpose and function. A patent affords its owner specific legal protections, such as preventing others from using, selling, or making an invention for a certain period of time, provided the owner offers certain disclosures about the invention. Patents are usually granted for new processes, products, or inventions.
A trademark is intended to protect words, symbols, logos, or even sounds that are differentiators of a particular good or service. The purpose of a trademark is to distinguish its source and make it more easily identifiable compared to other similar products of services.
If you want to apply for a patent or register a trademark, you must first conduct formal searches to ensure that no one else has already secured the rights to these ideas. You can conduct these searches through the United States Patent and Trademark Office (USPTO) website.
For example, if you want to do a preliminary patent search, you need to go to the Patent Public Search page. You can choose between performing a basic search or an advanced search, then follow the prompts to see the documents on file and determine if inventions similar to yours are already patented.
To search for existing registered trademarks, the first step is often to conduct an online search to see if you can find information about companies or brands that have a mark similar to the one you want. You will then want to open the USPTO’s Trademark Electronic Search System (TESS) page, and follow the guidelines for each required box to see if an exact mark, as well as variations on your potential mark, have been registered.
While you may technically be able to search for and register a mark on your own, or conduct your own patent search and application, it is wise to seek proper legal representation at the earliest stages. Searching for a patent or trademark can be more complicated than you might think, and missing a single step could cause major headaches down the road. Our assistance can ensure that your time, money, and efforts are not wasted, and that you do not risk subsequent allegations of a trademark violation or patent infringement.
Applying for a patent or registering a trademark is a key step for your professional venture, and it is important to get it right the first time. Lomnitzer Law can provide comprehensive legal assistance that addresses the full scope of your needs while protecting you from frivolous claims or potential rejections. Contact our office today to speak with an attorney about your patent or trademark questions.
