Law BUSW Assignment: Trademark Search

What’s in a Name? Business Planning, Trademark Search

4.3 – Assignment: Trademark Search

Please read through all sections before proceeding to the next page, and refer back whenever necessary.

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Overview

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Assignment Directions

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Submission

Now that your unique name has cleared the state’s availability search, let’s see whether the name is available to file federal trademark registration under The United States Trademark Office Regulations. 

A company’s name is critical to the business since it can establish how others identify your business. The name creates your company’s brand and the perception others have of your business. The brand hopefully creates a perception of the quality of the goods or services your business offers to the public. The best business names have the power to make or break your company.

What are the benefits of trademarking your business name? Here are several benefits associated with registering your business name.

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Preventing Confusion: This trademark registration element prevents consumer confusion. Establishing a business name and using taglines, logos, and company colors sets your company apart from other similar businesses, and trademark law protects rights to exclusive use. 
Additional support material: 

Trademarks and Copyrights (PDF)

 Download Trademarks and Copyrights (PDF)introduces small businesses’ to the available protection of Intellectual Property rights.

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Brand Definition: Picking a name is a decision designed to convey to your customers the quality of your product, what experience you want them to remember when recalling your name, the touch, feel, smell, and taste of your product, and location ambiance – your “businesses identity” all wrapped up in a delightful little package.

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Ancillary Benefits: Trademarks reassure investors’ consideration of investing in your company because the trademark establishes ownership. It also protects your sales by preventing consumer confusion when another company uses the same or a similar name selling similar products. Customer confusion can occur if consumers think they’re buying your product, but they buy your competitors’ product because of the similarity. A trademark also allows you to prevent others from using the same or a similar business name within your industry. Trademark statutes establish legal protection under the statutes that trigger a cease-and-desist letter or court action for an injunction and damages. Trademark registration provides national protection and national recognition. Once you register your business name, you nationally put others on notice of your existing brand.

Take a look at
 

The World’s 100 Most Valuable Brands in 2021.Links to an external site.

 Well, that’s something to consider!

Please proceed to the 
Assignment Directions section.

Please read through all sections before proceeding to the next page, and refer back whenever necessary.

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Overview

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Assignment Directions

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Submission

1. Read this article 

Protecting Your Trademark (USPTO.gov).Links to an external site.
 (Links to an external site.)

2. Visit: 

Search trademark database (U.S. Patent and Trademark Office). (Links to an external site.)
 This link will assist you in determining whether or not other companies have already registered an identical or similar trademark name for the same category of goods and services you offer.

3. Read the information on that page and then select “Search our trademark database (
TESS)”. Once you are in 
TESS, choose the Search option for “Basic Word Mark Search (New User).” Type in your company name, click your mouse, drag it over the search page, and copy the information on that page with your company name in the box. Save a copy of this page in a Word document.

4. Select “Submit Query.” The link will take you to the Name Research Records results page listing names similar or identical to your chosen name. The search records inform you that similar names don’t exist. If no similar protected names are discovered, applicants must still pass the trademark examiner’s search, a more in-depth search than performed by TESS. Trademark examiners are the final arbiter of whether a name will clear. Once you complete this, click your mouse over the results chart, drag the mouse down the list highlighting the page, and copy the list. Save and upload both lists for this assignment.

Please proceed to the 
Submission section.

Please read through all sections before proceeding to the next page, and refer back whenever necessary.

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Overview

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Assignment Directions

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Submission

Upload the following document:

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Copy of the initial search page

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Copy of the results page

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