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Understanding the Trademark Electronic Search System (TESS) and Its Importance
Definition & Meaning
The Trademark Electronic Search System (TESS) is an online tool that allows users to search for existing trademark applications and registrations. This system provides public access to a comprehensive database containing text and images of trademarks that the U.S. Patent and Trademark Office (USPTO) uses for examination purposes. TESS includes:
Trademarks that are federally registered or pending before the USPTO.
Information on abandoned applications and canceled or expired registrations.
However, TESS does not include:
State, foreign, or common law trademarks.
Applications and registrations that were inactive before 1984.
It is important to note that a trademark not found in the TESS database does not necessarily mean it is not in use.
Table of content
Legal Use & context
TESS is primarily used in trademark law, which falls under intellectual property rights. Legal professionals, including trademark attorneys, utilize TESS to conduct searches before filing new trademark applications or to assess potential conflicts with existing trademarks. Users can manage their trademark applications by accessing TESS, which helps in ensuring compliance with federal trademark laws.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A business owner wants to launch a new product and searches TESS to ensure their desired trademark is not already registered. They find that the trademark is available and proceed with their application.
Example 2: An entrepreneur discovers that a similar trademark was abandoned, which allows them to apply for a new trademark without conflict. (hypothetical example)
Comparison with related terms
Term
Definition
Key Differences
TESS
An online database for searching federal trademarks.
Focuses solely on federally registered and pending trademarks.
Trademark
A symbol, word, or phrase legally registered for use by a company.
Refers to the actual mark, while TESS is a search tool.
Common Law Trademark
A trademark established by use in commerce rather than registration.
Common law trademarks are not included in TESS.
Common misunderstandings
What to do if this term applies to you
If you are considering applying for a trademark, start by using TESS to search for existing trademarks that may conflict with yours. This can help you avoid potential legal issues. You can also explore US Legal Forms for ready-to-use legal templates to assist with your trademark application. If your situation is complex, consider seeking professional legal assistance.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Jurisdiction: Federal (U.S. Patent and Trademark Office).
Data Coverage: Federally registered and pending trademarks.
Exclusions: State and foreign trademarks, inactive trademarks prior to 1984.
Key takeaways
Frequently asked questions
TESS is used to search for existing federal trademarks to ensure that new trademarks do not conflict with registered ones.
No, TESS only includes federally registered trademarks and does not cover state or common law trademarks.
No, TESS is free to access for the public.
If you find a conflicting trademark, consider consulting a trademark attorney for guidance on your next steps.
While you can apply for a trademark without using TESS, it is highly recommended to search for existing trademarks first to avoid potential legal issues.