How do I know if a trademark is available to register?

To determine if a trademark is available to register in Washington, you can search the United States Patent and Trademark Office (USPTO) database to see if the mark is already registered. The USPTO database includes all trademarks that are federally registered in the United States. You should also search common law sources, such as newspapers, company websites, and other businesses in the same area to make sure the trademark you are proposing has not already been used. Furthermore, you should consider consulting with an attorney who specializes in trademark law in Washington to ensure you do not infringe on any existing marks. If the results of your search indicate that the mark is not already registered and there is no other mark similar to it in use, then the trademark is likely available to register. You can then begin the process of filing an application with the USPTO. This can be done online or by mail. After filing your application, the USPTO will review your application and issue a decision. If approved, your trademark will be added to the USPTO database. If you choose to register your trademark in Washington, you will need to file a separate application with the Washington Secretary of State. This may take additional time and cost more money. It is important to note that filing an application with either the USPTO or the Washington Secretary of State does not guarantee that your mark will be approved. Therefore, it is very important to make sure that the mark you are proposing is not already in use before you begin the process of registering it.

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