Q: how can I find out if a phrase or logo is trademarked?
I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?
A:
The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.
Trademark law is seemingly simple on the surface, but has many layers and exceptions that non-lawyers are not always aware of.
In addition, copyright law may potentially be involved if your t-shirts are designed by graphic artists who are not employed by you.
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A:
Start by visiting the United States Patent and Trademark Office (USPTO) website and use their Trademark Electronic Search System (TESS) to look up the phrase or logo you’re interested in. This database will show if your desired phrase or logo is already registered or if there are similar trademarks that might cause confusion.
Next, broaden your search by checking state trademark databases and performing general internet searches. Look for any businesses or products that are using the phrase or logo in a way that could overlap with your intended use. Don’t forget to explore social media platforms and domain name registrations, as these can also reveal existing uses.
If your research doesn’t provide a clear answer, consider consulting with an intellectual property professional. They can help ensure that your design is unique and advise you on the steps to take to protect your own trademark rights.
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