Uspto trademark electronic search system tess database


The Lanham Act expressly states that "[n]onuse" of a mark "for 3 consecutive years shall be prima facie evidence of abandonment. Part 2- Rules of Practice in Trademark Cases]. An application may be expressly abandoned by filing in the Patent and Trademark Office a written statement of abandonment or withdrawal of the application signed by the applicant, or the attorney or other person representing the applicant.

A quick, do- it- yourself search may not reveal this information or worse may indicate that the mark is clear.

Getting a cease and desist letter early in the process may be getting off easy compared to being sued or trying to defend against an opposition or cancellation after substantial funds have been invested already. Failure to respond is the leading cause of trademark application abandonment.

Sometimes, the likelihood of confusion is with a junior user, someone who started using the mark later but got their application in sooner. In cases like this, a cancellation proceeding may be the answer for the senior, prior user who was late in getting their application into the USPTO.

We do not just fill out an application and submit it, we work to protect your protectable legal rights and to keep costs as low as possible to get you less refusals and delays.

We have many, many examples of common refusals that could have been avoided both by pro se applicants no lawyer or a filing service that does not record their name on record because they are not attorneys and applicants represented by attorneys. Call us at and get a quote and ask for an example. If you are unsure what type of product or service protection is best for your business or just have a question, please call—a brief initial consultation is free at 1- For more information from Not Just Patents, see our other pages and sites: Is my business name trademarkable?

How do I build my trademark intensity? Is the technology listed in your trademark registration obsolete? How much does it cost to renew a trademark?

Are your IP assets vulnerable? What is a Compact Patent Prosecution? Trademark- Request for Reconsideration. Why Not Just Patents? Examples and General Rules for Likelihood of Confusion. What are Dead or Abandoned Trademarks?

What Does Published for Opposition Mean? What to Discuss in the Discovery Conference. Register a Trademark- Step by Step. Geographically Descriptive or Deceptive. Likelihood of confusion- Circuit Court tests. Protecting Trademark Rights Common Law. Steps in a Trademark Opposition Process. How to Respond Office Actions.

Counterclaims and Affirmative Defenses. This site is for informational purposes only and is provided without warranties, express or implied, regarding the information's accuracy, timeliness, or completeness and does not constitute legal advice.

Past performance is no guarantee of future results. The owner of the DEAD or common law marks would have to pursue stopping the application themselves through an Opposition proceeding, Cancellation proceeding or in court. The latest status on TSDR may read: Another reason for a DEAD mark is: The mark may be abandoned by the owner or the owner did not competently answer the refusal or is no longer using the mark. What does a status of "dead" or "abandoned" mean?

Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. Purchaser motivation shall not be a test for determining abandonment under this paragraph. If an application shows a status of dead or abandoned, it means THAT specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.

However, it does not necessarily mean that there are not OTHER marks which the examining attorney would cite. Also, regardless of the status of an application within the office, the owner may still claim common law rights.

Many trademark verification or search services disregard trademarks that are marked DEAD in search records. Unfortunately, this does not necessarily mean that a trademark is available for someone else to use.

The Lanham Act expressly states that "[n]onuse" of a mark "for 3 consecutive years shall be prima facie evidence of abandonment. Part 2- Rules of Practice in Trademark Cases]. An application may be expressly abandoned by filing in the Patent and Trademark Office a written statement of abandonment or withdrawal of the application signed by the applicant, or the attorney or other person representing the applicant. A quick, do- it- yourself search may not reveal this information or worse may indicate that the mark is clear.

Getting a cease and desist letter early in the process may be getting off easy compared to being sued or trying to defend against an opposition or cancellation after substantial funds have been invested already. Failure to respond is the leading cause of trademark application abandonment. Sometimes, the likelihood of confusion is with a junior user, someone who started using the mark later but got their application in sooner. In cases like this, a cancellation proceeding may be the answer for the senior, prior user who was late in getting their application into the USPTO.

We do not just fill out an application and submit it, we work to protect your protectable legal rights and to keep costs as low as possible to get you less refusals and delays. We have many, many examples of common refusals that could have been avoided both by pro se applicants no lawyer or a filing service that does not record their name on record because they are not attorneys and applicants represented by attorneys. Call us at and get a quote and ask for an example. If you are unsure what type of product or service protection is best for your business or just have a question, please call—a brief initial consultation is free at 1- For more information from Not Just Patents, see our other pages and sites: Is my business name trademarkable?

How do I build my trademark intensity? Is the technology listed in your trademark registration obsolete? How much does it cost to renew a trademark? Are your IP assets vulnerable? What is a Compact Patent Prosecution? Trademark- Request for Reconsideration. Why Not Just Patents?