I Need Help And Advice Please, From ANYBODY ...

[oteroj33]

if you wanna check a design to see if it is trademarked where do u go? and if u say USPTO.gov then what is the design code for an ambigram?

 

[quincy]

if you wanna check a design to see if it is trademarked where do u go? and if u say USPTO.gov then what is the design code for an ambigram?

What is the name of your state?

It is important to note that, in the US, trademark rights are gained through the use of the trademarks in commerce.

In the US, the first to use a mark is the presumed owner of the mark. This is not like other countries, where registration of the trademark shows ownership. In other words, federal registration with the USPTO is not a requirement for ownership of a mark.

For a trademark search, therefore, you can start with a TESS search but you must expand your search to include state registrations of marks and unregistered uses of marks.

I am not sure what you mean by a "design code for an ambigram." Are you planning to register a logo? A stylized word mark?

 

[oteroj33]

What is the name of your state?

It is important to note that, in the US, trademarks gain their rights through the use of the trademarks in commerce.

In the US, the first to use a mark is the presumed owner of the mark. This is not like other countries, where registration of the trademark shows ownership. In other words, federal registration with the USPTO is not a requirement.

For a trademark search, therefore, you can start with a TESS search but you must expand your search to include state registrations of marks and unregistered uses of marks.

I am not sure what you mean by a "design code for an ambigram." Are you planning to register a logo?

whats your occupation?
thanks for responding!! anyways so if trademarks gained their rights through the use on commerce then there would be absolutely no reason to file for a trademark then?.. and so are you saying that registration of trademark doesnt prove ownership in the U.S.? sure it is

 

[quincy]

Registration of a mark puts the country on notice that the mark (name, slogan, logo, graphic symbol, etc) is in use. It provides notice of first use in commerce. It is a (rebuttable) presumption of ownership.

So there are advantages to registering a mark with the USPTO.

But registration is not a legal requirement.

 

[quincy]

You really haven't answered the questions I've asked so I will include a little bit of additional information and assume that you are in the US.

When a trademark holder wants to register with the USPTO a stylized word mark or a logo or design, included with the application they file will be a drawing of the mark (a JPG graphic file should be included).

Here is how a trademark holder submits a drawing:
https://www.uspto.gov/trademarks-getting-started/trademark-basics/mark-drawings-trademarks

The USPTO will assign numbers to the application that will help the trademark examiners do a trademark database search to see if the application's mark is confusingly similar to another registered mark.

Here is a link that describes what is done with the application that includes a design (logo, stylized word, symbol, etc.) after the USPTO receives the application (link includes another link to the code manual):
https://www.uspto.gov/trademarks-application-process/searching-trademarks/design-search-codes
Are you in the U.S? The process varies by country.