How to know if something is trademarked

Trademark applications and registrations are public records. Individuals and private companies may use this public information to create third-party access to these records.

Conduct the Search.

Search on TESS–the USPTO’s web-based Trademark Electronic Search System-at your local Patent and Trademark Resource Center (www.uspto.gov/ptrc) or at home if you have Internet access.

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer’s help. The simplest way to register is on the U.S. Patent and Trademark Office’s Web site, www.uspto.gov.

The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.

A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. However, even then, third parties cannot use logos without a specific agreement.

Remember, it is possible for two businesses to own the same or similar marks (e.g., Delta Airlines and Delta Faucets). The guiding principle is consumer confusion. If the two marks identify different products and operate in different markets, consumers are not likely to be confused.

Registering a trademark gives a business protection for its use in the U.S. This means that other parties are not allowed to use a business’s trademarks when they are conducting business. It is still possible for two different businesses to have similar names are marks.

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name.

FINAL COST TO OBTAIN A TRADEMARK REGISTRATION

Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods.

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours. Essentially, if your name is likely to cause consumer confusion because it’s the same or like another business name, then you cannot use that name.

Answer: Yes, But…

To have more than one Google my business listing at the same address, you must be legitimately operating multiple legally distinct businesses. It’s not all that uncommon for more than one business to be located at a shared address but you need to keep reading for more provisions and details.

Yes, it is possible to run two or more separate businesses under a single limited company. This involves the use of trading names to compartmentalise the overall company into separate units, each of which can be run as a unique business.

They are entitled to get separate GST registration from the same address. The Authority held that there is no prohibition in the GST Act for obtaining registration in a shared office space or virtual office, if the landlord permits such sub leasing as per the agreement.

Easy Steps

If you’re adding your business listing to Google My Business, you must add a physical address. Your address can be your home, but you will be hiding this address from the public in the next step. So get started adding your business to the map if you haven’t already.

Even when your business doesn’t want to display an address in the listing, Google requires a mailing address for the business. Select the “I deliver goods and services to my customers” option, and your business will have a listing without an address.

If your business doesn’t have a storefront with clear signage but travels to customers at their physical locations, you’re allowed one service-area Business Profile.

On your Articles of Organization, you will need to include an address for your business. In most cases, it is acceptable to use a virtual office address as your business address on your Articles of Organization. Please note that many states do not allow you to use a P.O. Box for your office address.

Therefore, it’s perfectly legal to use a virtual address as a registered office, as long as you can receive correspondence, it is a physical address and, in case the company doesn’t occupy the address, you have the written consent of the occupier.

Every service is a little bit different, but typically the cost for a virtual address ranges from $9.95 to $35 per month.

A virtual business address can be an extremely helpful service for small business owners. Virtual address services give you a presence in states, cities and other locations so that you can easily receive and read your mailed correspondence.