If you Google "Trademark Electronic Search System" (or TESS) it will take you to the Trademark Office's database, where you can search to see if your name has already been taken. You just type it in and hit go - very easy. If it doesn't seem to have been taken, then why not hire Legalzoom.com to file the TM for you? A lot of people use them for various legal matters they don't want to do themselves. If this name is the only one you want, then don't hesitate - file before someone else does.
inkie. when i typed in my brand name, a result came up. but it said the owner or whatever is deceased and that it was abandoned in 2003
it also had the word "ebusiness" in between words...i dont know if that makes a difference??
either way, is this a safe name or is it in use?
its a company based in california using it...the thing is my "brand name" is just a phrase...its not a particular word or anything like that, so im not sure how can you tm a phrase of regular english words? does this matter?
Well, I am no lawyer and I am not giving legal advice, all I know is what I read on the Web - that trademark law only protects marks that are being used, and that non-use for three consecutive years is considered abandonment and the rights to the trademark would be lost. Since the person is dead there can be no intent to resume use. Whether this means that the phrase is now available for you to go after is a question for a trademark attorney. Or try calling the Trademark Assistance Center at 1-800-786-9199.
Regarding trademarking a phrase, according to our pal Rodney, you can trademark a phrase if you can prove that the phrase is also a brand. There is a whole string on this subject here on the Forum - try to search "can you trade mark a phrase?" here on Forum.
Hope this helps and good luck,
and very funny...i literally clicked this topic 1-2 seconds before you posted your response! soon as the page loaded your new reponse was up there! thats very good timing on my part!
Call the trademark assistance # here: 1-800-786-9199 ...you can even talk to a real person, and they are very helpful and will tell you what to do step by step.
It is not uncommon to find multiple trademarks filed for the same name or brand, however in order for these to be live and legal, they must be distinctly different and not in competition with each other.
For example: the name "CalFlex" may have multiple trademarks filed one for a company that manufactures flexible tubing and the other company with a trademark on the same name is a clothing company. they are not in any kind of competition with each other, so they can both trademark the "calflex" name for their own industry.
The abandoned trademark on your brand, was for a web hosting company...completely unrelated to your clothing brand, so you can still file your trademark for your clothing brand name.
It seems to me that this would be the next step in the process of setting up your business (or one of the more important steps, anyway, so it should be done as soon as you are able.) It is exactly what I plan to do - when I get the $$, which I hope is soon! Logo searches, from what I have read, are a little more difficult to do than a name search - it is very easy to have similarities to someone else's design, and it is difficult to determine how much overlap is permissible with designs that have already been registered, so just try to make your logo as unique as possible before you spend the money. Then Legalzoom will tell you how to proceed from there.
i have this same question .......... i have a brand NAME that i would like to legally own, but the brand name is what is going to be printed on everything. and I have about 15 different logos .... are you supposed to trademark every logo, or just the NAME???
i have this same question .......... i have a brand NAME that i would like to legally own, but the brand name is what is going to be printed on everything. and I have about 15 different logos .... are you supposed to trademark every logo, or just the NAME???
It really is up to you which ones you decide to apply for a trademark for. Some people don't ever apply for a trademark and sell just fine for years. Some people do it before they start. Same with copyrights.
I think in "general", people *trademark* the "brand" and *copyright* the individual designs.
I would look on the trademark page uspto.gov, and read up on trademarking a standard character mark. I believe with this type of trademark it is on the word and not the logo.
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can you get me started on trademarking? 
