What are trademarks?
According to the U.S. Patent and Trademark Office, a trademark is a “word,
name, symbol or device which is used in trade with goods to indicate the
source of the goods and to distinguish them from the goods of others.”
What is the difference between registered trademarks and unregistered
trademarks?
Some trademark owners register their marks with the U.S. Patent & Trademark
Office. Registered trademarks are indicated by the symbol “®,” and allow certain
rights in interstate and foreign commerce.
The first business to use a trademark generally obtains certain common
law rights to it, whether or not it is registered.
The owners of unregistered trademarks may indicate their claim to common law
rights to the trademark by using “TM” with it.
You'll find more background information on trademarks on the Librarian's
Index to the Internet Patents and Trademark page.
What is a common law trademark search?
A common law trademark search involves checking directories, databases and
other sources to see whether a given trademark has been used already, meaning
someone may have common law rights to it.
A common law trademark search is generally done after searching the USPTO database
of registered trademarks. The USPTO database can be searched in the library's Patent
& Trademarks Center.
Why is it a good idea to do a "common
law" trademark search on the name I want to use for my company / product / service
/ band?
If you want to register your trademark, the federal trademark application requires
a signed declaration from the applicant that "to
the best of his/her knowledge no other person, firm, corporation, or association
has the right to use the above identified mark…"
Legal considerations aside, it is good business sense to create a unique name
or logo that identifies your product or service.
What are some sources I can check at San Francisco Public Library?
Following is a list of some of the major types of sources one can consult in
doing a common law trademark search.
Unless noted otherwise, all sources are located in the Business, Science & Technology Center.
