- Trademark
Acceptable Identification of Goods and Services Manual (Available
in paper, DVD-ROM or on the USPTO Web)
Begin with this alphabetical listing of acceptable terms for the identification of goods
and services. Locate terms that describe your good or service. For example,
"flying discs" is the acceptable term for a flying saucer-type
toy. Note the international class number listed next to each term. Also
identify terms for goods and/or services that are used, advertised or
sold with your product. For instance, peanut butter is sold and used
with jellies and jams. Finally, check for deleted terms that may be
related to your good or service.
- International
Schedule of Classes (Available in paper, DVD-ROM or on the
Web)
Scan the schedule for additional classes that are related to your product or service.
For instance, if your product is income tax preparation software, Class
36 would be related because it includes services related to insurance,
financial affairs, monetary affairs and real estate. The schedule is
located on the back cover of the Basic Facts About Trademarks booklet.
- Trademark
Manual of Examining Procedure (TMEP) (Available in paper,
DVD-ROM or on the USPTO Web)
Review Chapter 1400 for the appropriate class scope notes in order to confirm the terms
and classes you have chosen. For example, Class 8 (Hand Tools) includes
cutlery but not surgical knives, which are in Class 10 (Medical Apparatus),
or fencing weapons, which are found in Class 28 (Toys and Sporting Goods).
- Design
Code Manual (Available in paper or on the USPTO Web)
If your mark incorporates a design or logo you must search for trademarks that might be confusingly
similar. Use the index in the back of the Design Code Manual
to locate the appropriate six-digit code for each design element in
your mark. For example, a logo depicting an eagle would be coded 03.15.01.
Each element in a logo is assigned a design code. Carefully review the
guidelines for each category.
- Trademarks
REGISTERED and PENDING DVD-ROMs or the Trademark
Electronic Search System (TESS) (Available on DVD-ROM or
on the USPTO Web)
Conduct the search combining your word mark or logo with the terms, classes and design
codes youve identified in steps 1-4. Remember to search for alternate
spellings, phonetic and foreign language equivalents, synonyms and homonyms.
For example, SNOW BRITE, SNOW BRIGHT, SNO-BRITE, SNO-BRIGHT, SNOW WHITE,
etc.
- TARR
Trademark Status Database (Available on the USPTO Web only)
Finally, check TARR, the Trademark Applications & Registrations Retrieval system,
for the current status of the marks you found in Step 5. Records in
the Web trademark databases are linked directly to their TARR equivalents.
The TARR database is updated daily at 5 a.m. and contains important
trademark application and registration information not found on CD-ROM,
the Web or in the Official
Gazette.
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