My answer to Where can I find if a brand name is trademarked?
Answer by Raad Ahmed:
So your question has a couple layers that you may not realize. First, where can you find if a brand name is trademarked? The answers here give you some links and the US Patent and Trademark Office has a that you can search to see if anyone / company has used the trademark before.
But, the second and more important layer is can you actually use the trademark that you want? A search of the online database may not give you the answer to this question because previous use of a trademark is not the only requirement to ownership of a valid trademark. For example, a trademark that was previously used but is no longer in use can be considered “dead” and therefore you would still be able to use it. On the other hand, if you search the database and find that the trademark that you want has never been used before, it could still conflict with a similar, existing trademark and thus you will not be able to use your mark.
Other factors are relevant too and for that reason, I suggest that you speak with an intellectual property attorney who can advise you on the availability of your trademark. I know you may not want to spend money on an attorney at this point, but an attorney can generally do this type of search for a small, flat fee. Over atwe work to keep your legal costs down by matching you directly with an experienced attorney who can efficiently do the work that you need. If you are looking for an IP attorney or just have more questions, visit us for a free consultation. Good luck.