Can trademarks be searched on-line?
The USPTO offers on-line searching of their trademark database. • What are common law rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent-to-use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration. • What is a common law search? A common law search involves searching records other than the federal register and pending application records. It may involve searching the Internet, checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial.
