Why Use Trademarkfiler^™

Choosing and clearing a new trademark can be a very difficult task. First, the trademark must be a shorthand designation of origin for your company's products/services that users and consumers will recognize and come to associate with your business. Deciding which mark to use is a marketing and consumer behavior question that is beyond the scope of Trademarkfiler.

Second, the mark must be one that is original to you and will not be subject to third-party claims that you are infringing upon pre-existing trademark rights.

Third, the trademark must be one that is protectable, and not merely descriptive of the goods and services being offered. The mark must be one that you will be able to register with the U.S. Trademark Office (USPTO) and many other international trademark offices.

Fourth, the trademark must be one that can be used in digital marketing, and one for which domain names are available to help you market your goods or services using a website that incorporates your trademark. The same can be said for other social media identifiers such as handles and hashtags.

Clearing a trademark for use and protection can be a series of trials and errors in that the trademark you like best for marketing may not be available or may not be protectable. You really need to use a trademark expert to assist you with this process, as it is not entirely clear-cut and quite abstract. Assuming that the trademark under consideration is not entirely descriptive or generic there are two primary issues to be considered.

The main two issues are (1) whether a third party will complain that your proposed trademark is too similar to their trademark with respect to the third party’s goods and services, channels of commerce, or particular customers, among many other factors; and (2) whether the trademark can be protected and later enforced. Both of these issues require a highly experienced trademark attorney who is experienced in dealing with the USPTO and who is highly experienced in federal court litigation defending and enforcing trademark rights.

What Trademarkfiler can do is help in the initial investigation of a trademark as a first step before consulting your professional trademark attorney. The idea is to use Trademarkfiler to pre-clear a desired trademark, and then enlist the aid of a trademark attorney to complete the process.

Trademarkfiler shows you trademark-related information to help determine whether a proposed trademark is suitable for continued investigation with your trademark attorney. Our system shows you the following sections: (1) USPTO trademark applications and registrations already pending that may be in conflict with your proposed trademark; (2) an internet search of similar trademarks and related goods/services of existing users’ websites online; and (3) the availability of related domain names that are available should you desire to proceed with the proposed trademark.

How to Use TrademarkFiler^™

To use Trademarkfiler is simple and free. All you need to do is insert the proposed trademark into the search box and list out the goods/services you plan to offer to the public in association with the proposed trademark. Then, hit SEARCH in the green box.

You will then be able to scroll through three different boxes to see the following types of trademark information to help you decide whether the proposed trademark might be available for adoption and use: (1) USPTO pending trademark applications and issued trademark registrations that may be similar to your proposed trademark; (2) an internet search of different webpages where the proposed mark might be used in combination with the proposed goods/services; and (3) the availability of domain names should you decide to move forward with the proposed trademark.

Once you have this information, you might decide to move on to a different proposed trademark, because you have found that third parties have already filed for or registered a similar trademark, that the proposed trademark is already being used by third parties on their websites, or that the domain name for your proposed trademark is not available. Some or all of these factors will be important in moving forward with your proposed trademark.

If the search results appear promising or if you have questions about the proposed mark and the search results, you can easily contact us to arrange a telephonic or in-person consultation to help you through the next steps to take. Your search information will be sent to us and we can help you determine whether and how to proceed with your next steps using one of our highly trained, USPTO-registered attorneys who file trademark applications and handle federal court trademark litigation. The consultation fee is $250 and provides up to one hour of time—worth every penny to help you secure your trademark rights and reduce the risks of infringing any third-party rights.