trademark
Is the register by the U.S. Patent and Trademark Office seachable by the public?
<p>Is it possible to review the data base of existing marks beforehand?</p>
<p>Or must one assume the government's data base is in perfectly good order?</p>

<p>The register of trademarks can indeed be searched before an application is filed, and any prudent applicant will make, or pay an expert to make, such a search.</p>
<p>Note that each country has its own trademark register (although some EU countries are working on a shared EU register, I understand). Marks registered in one country will not be protected under the laws of another, unless they separately qualify for protection under the laws of the second country.</p>
<p>Note that in the US, marks that have never been registered but are in active use receive some trade mark protection, although not as much as those that have been registered. Searching for unregistered marks in current use is significantly harder than searching for registered marks. Application may be refused for conflict with an active, unregistered mark.</p>
<p>Also in the US, registered marks may have their registrations canceled if they are not in use for a significant time, I believe at least 5 years.</p>
<p>Many advise hiring a firm that specializes in trademark applications to do the entire application, including searches. This involves significant added cost.</p>
<p>US trademark searches may be done via the <a href="https://tmsearch.uspto.gov/bin/gate.exe?f=login&amp;p_lang=english&amp;p_d=trmk" rel="nofollow noreferrer">Trademark Electronic Search System (TESS)</a></p>
<p>Some information about doing such searches is provided at <a href="https://www.uspto.gov/trademarks/search" rel="nofollow noreferrer">Search trademark database</a> (an official USPTO page). That page states:</p>
<blockquote>
<p><strong>Private trademark attorneys</strong></p>
<p>If you are an applicant, registrant, or party to Trademark Trial and Appeal Board proceedings domiciled in the United States or its territories, you are not required to have a U.S.-licensed attorney represent you at the USPTO. However, deciding what to search for and interpreting your results can be complicated. There are many factors to consider in determining likelihood of confusion. We can’t advise you on how to do a clearance search for your mark, do one for you, or interpret your search results. Therefore, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.</p>
<p>If you are a foreign-domiciled applicant, registrant, or party to Trademark Trial and Appeal Board proceedings, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.</p>
<p>See the why hire a private trademark attorney webpage to learn more about what an attorney can do for you and how to find one.</p>
<p>For more information about conducting a clearance search, please watch the news broadcast-style video titled “Searching” (video #3 in the Trademark Information Network (TMIN) series).</p>
</blockquote>
<p>I am sure that similar searches of the register in other countries are available.</p>
