How do I know if a trademark is already registered?

Determining if a trademark is already registered in North Carolina is a fairly simple process. Before registering a trademark, it’s a good idea to search the United States Patent and Trademark Office’s (USPTO’s) database to make sure the trademark you want to register isn’t already taken. This is important because the USPTO won’t register a trademark that’s the same or very similar to a trademark already registered. The USPTO offers a free online search tool for trademarks, called the Trademark Electronic Search System (TESS). To access TESS, visit the USPTO’s website and navigate to the “Searching” tab. Enter the trademark that you’re considering registering into the search form and click “Search.” This will bring up any existing trademarks that have been registered with the USPTO that are similar to the one you’re researching. If any results come up, it’s a good idea to contact a trademark attorney to make sure your proposed trademark won’t infringe on another party’s rights or create confusion in the marketplace. It’s also important to check with the North Carolina Secretary of State to make sure a similar trademark hasn’t been registered with the state. Search the state database by navigating to the Secretary of State website and selecting “Business: Registered Business Entities Search.” Enter your proposed trademark in the “Name/Keyword” form and click “Search.” If a similarly-named business shows up on the results list, it is an indication that the trademark may already be registered in North Carolina. By checking the USPTO and North Carolina Secretary of State databases, you can determine if a trademark is already registered and make sure you’re in compliance with state and federal trademark law.

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How do I know if a trademark is already registered?

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