Patents, Trademarks, and Copyright

What is a trademark or service mark?

• A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. [For more information see: Trademark from Cornell University Law School.]

• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" refer to both trademarks and service marks.

Usually a mark for goods appears on the product or its packaging, while a service mark appears in advertising for the services.

A trademark is different from a patent or copyright. A patent protects an invention. A copyright protects an original artistic or literary work. 

Federal trademarks, issued by the USPTO, are valid in all 50 states. In addition, each state issues its own trademarks.

The U.S. Patent and Trademark Office provides extensive trademark information: Trademark Basics

Important Databases - United States Patent and Trademark Office 

• USPTO Design Search Code Manual - if your mark includes a design element (i.e. logo), you will need to search it by using a design code

• Trademark Electronic Search System (TESS) - This search engine allows you to search the USPTO's database of registered trademarks and prior pending applications to find marks that may prevent registration due to a likelihood of confusion refusal.  Includes records back to 1984.

• TEAS - the Trademark Electronic Application System - for online filing.

• TSDR - Trademark Status & Document Retrieval - allows you to see the filings of others.

Trademark Searching

• Conducting a Trademark Search - advice from staff at the USPTO

• Including the important consideration of Likelihood of Confusion

• Also, see the section on business name searching, below

State Trademark Information

• Texas Trademarks -  The Texas Secretary of State’s web site offers Texas trademark forms and a searchable database of Texas trademarks.  There is a charge for searching the database.  

• State Trademark Information Links - find information on trademarks specific to all 50 states and D.C.

More Information, including World-Wide Searching

• Registering a Trademark - guidance from Findlaw.com

• Global Brand Database - from the World Intellectual Property Organization: "your gateway to more than 46,280,000 records from some 55 national and international collections."

• DESIGNview - Search designs registered across the European Union.

• TMview - Search trademarks registered across the European Union.

For Historical Investigation

• Trademark Indexes - a collected set of indexes to U.S. trademark records.  From the Hathi Trust.

• Index of Trademarks issued from the United States Patent and Trademark Office - Hathi Trust Digital Library, University of Michigan.

• Historic "dead" trademark information may be requested from staff of the U.S. Patent & Trademark Resource Center Program (PTRCP).  They refer to microfilm held at the Patent Office.  Please make requests through a PTRCP library.

• Annual report of the Commissioner of Patents for the year ... / U.S. Patent Office - from the Hathi Trust collection. (Trademarks listed, beginning in 1870.)

-Missing 1872 - 1875.

• Annual report of the Commissioner of Patents for the year / United States Patent Office. 1865 - 1919 (with trademarks listed beginning in 1870).  From the Smithsonian Library.

• RUSS's Guide to the Gazettes at Hathi Trust - use this to help make sense of these next two entries.

Official Gazette of the United States Patent Office - In this period, trademark records were in the same volumes with patent records - these volumes are thanks to the Hathi Trust.

Official Gazette of the United States Patent Office. Trademarks. and  Official Gazette of the United States Patent and Trademark Office. Trademarks.  Later, trademark records were published in a separate series from patent records.  Again, these volumes are thanks to the Hathi Trust.

The name of a business may also be used as a trademark but the two aren't exactly the same.

• A business name identifies the organization producing a product or offering a service
• A trademark identifies a product or service
  • The name may be used for both the organization and the product or service.  For example when:
    • the business provides a service such as marketing or accounting
    • the organization's name is also used for a product or service, as 
      • Tesla and Tesla vehicles
      • Google and the Google browser service

The Small Business Administration has detailed business name advice, also including domain name (website address) as a business name.

Trying to Avoid Business Name Conflict:

Business directories are a good place to check for organization names that are already in use.  Here are two with broad coverage:

Claiming a name and for possible searching:

• We expect DBA (doing business as) filings to be made at the office of the County Clerk (or similar local official)
• State offices and databases (such as the Office of the Texas Secretary of State and SOSDirect for the state of Texas) for registrations of:
  • Companies incorporated in the state.
  • Limited partnerships filed in state.
  • State trademarks such as Texas Trademarks.