Legal Question in Intellectual Property in California
How do I do a free name search for a trademark before I register with USPTO.go ? The USPTO.gov requires a payment of $275 to file and no refunds if the name is already trademarked.
2 Answers from Attorneys
Go to the same Web site, www.uspto.gov, that you would use to initiate an on-line registration attempt. Then select option #2 under trademarks and enter TESS (Trademark Electronic Search Service). Maybe you should first select option #1, Trademark Basics.
Also, keep in mind that the "decision process" does involve a USPTO attorney reviewing the new application and making a determination about any "confusion in the marketplace". So, an initial search is just the first step and you may want to engage an attorney to assist you in this process.
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