U.S. Trademark Database Moves to the Web
| In late August, the United States Patent and Trademark Office (USPTO) made available a database of U.S. trademarks on the Web. This database is free of charge, easy to search, and requires no user registration. Searchers can now access this important information at home or at the office, whether for a potential trademark application, educational purposes, or just for curiosity's sake. |
| The USPTO Web trademark database is a counterpart to two CD-ROM products that are part of the Patent and Trademark Depository Library at Fogler: CassisTM Trademarks Registered and Trademarks Pending. Like the CassisTM CD-ROMs, the Web database allows searching for words, phrases, symbols, and designs that have been registered, or are pending, for trademark protection with the USPTO. The CD-ROM and the Web version both contain textual information such as the trademark owner's name and address and the date of registration. Both versions are updated with new records on approximately the same schedule. However, the Web database has one major advantage over the CassisTM CD-ROMs: in many cases it provides images of trademarks. For example, a search for the words coca cola classic results in records that include a drawing of the familiar script that appears on cans of the soft drink. More images will be added in the coming months. |
| Like the CassisTM CD-ROMs at Fogler Library, the Web trademark database is easy to search. Most users should select "Combined Marks Search" and then type in words or phrases for which to search. The "Manual Search" option allows users to search for other information, such as mark owner name or trademark design code. Whatever the search method, users should first read the disclaimer on the limitations of the database. This outlines information on what the database does not include and on the currency of the database. For example, the Web database (and the CD-ROMs) does not contain information on trademarks that have been registered after the last update. To find this information, one must consult the latest print copies of the weekly Official Gazette of the United States Patent and Trademark Office: Trademarks, available at the Science & Engineering Center in Fogler Library. |
| Even if a search for a potential trademark in the federal trademark database is fruitless, one should not assume that the mark is available for use. A business entity may have filed for trademark protection within a state, foregoing federal protection. In Maine, the Bureau of Corporations, Elections, and Commissions in the Office of the Secretary of State maintains a Web database of business entities that have registered trademarks with the State. In other cases, business entities may claim the right to use a trademark simply by first using it in commerce, without claiming the added protections that trademark registration provides. In these instances, a search of trade catalogs, magazines, Web search engines, and other information resources may uncover instances of prior usage of a potential trademark. |
| The Patent and Trademark
Depository Library at Fogler Library contains other sources to consult in a trademark
search. Free search assistance is available. For questions on trademark searching, or to
make an appointment with a librarian to do a trademark search, please e-mail
Nancy Adams or call her at 581-1678. NA |
Sci-Lites 8(1)
Science & Engineering Center
Sci-Lites is edited by Nancy
R. Curtis, Science & Engineering Librarian
© 1998-2001 The University of Maine · Page created December 1998; updated December 2001