Search (Trademark) Law and Legal Definition

When a trademark application is filed, the U.S. Patent and Trademark Office (USPTO) can conduct a search of the USPTO records for conflicting marks as part of the official examination process. The official search is to determine whether the mark applied for can be registered. The USPTO advises applicants, or their representatives to search the records before filing the application. A search can be conducted through the Trademark Electronic Search System (TESS), or manually through the Trademark Public Search Library. Information can also be searched at a Patent and Trademark Depository Library. These libraries have CD-ROMS containing the database of registered and pending marks, and Internet access to the TESS.