How Do I Know If I'm Violating a Trademark?

Make sure your new concept doesn't violate someone else's trademark.

It's very exciting to come up with a new trademark for your business. You want to attach this word, phrase, symbol or design to your product as soon as possible, but you need to use caution before acting too quickly. Although you thought of this idea on your own, you might not be the first person to come up with it. It's important to make sure that you're not violating someone else's trademark before you begin using the new concept.

Instructions

1. Visit the U.S. Patent and Trademark Office website to make sure that your new concept is not in violation of another trademark.

2. Use the site's Trademark Electronic Search System (TESS) on the left side of the homepage to do a keyword or a design mark search for the trademark. If someone else is using the trademark already, it'll show up in the search results.

3. Contact a third party agency, such as the Copyright Clearance Center, to investigate the trademark for you, if you would prefer to hire a professional to do it.

References

• United States Patent and Trademark Office: Home
• University of Pittsburgh: Copyright Information FAQ

Resources

• United States Trademark and Patent Office: Basic Facts About Trademarks
• Copyright Clearance Center