Q: How do I find out if a name is already trademarked ? I am starting a candle making business.
A: You can search the USPTO for registered trademarks, however this will not reveal whether there are businesses using the trademark in a similar class/category that may not have registered the trademark with the USPTO. These trademarks may also have common law rights against infringement. Work with a trademark attorney to assist you.
A: A trademark is the Word, Symbol or Device that identifies the source of goods or services. Trademark infringement is the use or a Trademark which is similar in sight or sound to an existing Trademark under which goods and or services are sold. You can go to Uspto.gov, select Trademark and search to see if your proposed TM is already registered. You can search the web to see if it exists but is not registered. For each, the use if similar to that you propose, will suggest that your proposed TM is already taken.
An attorney familiar with Trademark law should be consulted.
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