TRADEMARK SEARCH USA

It is advisable to conduct a search of the Office records before filing an application.  A common law search involves searching records other than the trademark register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an Internet search.

In searching the trademark data base on the Web there are records that appear to be a registrations but the registration numbers are shown as 0000000.  The registration number 0000000 is associated with USPTO records that have serial numbers that begin with "89-". The prefix "89-" is assigned to material that the PTO is obligated to protect either by law or treaty. However, since this material is not actually registered under the Trademark Act, it is not issued a registration number. 

There are two types of material that are assigned "89-" serial numbers. One type is material that is used by U.S. federal agencies that should not be registered as trademarks unless the agencies themselves are filing the trademark applications. The second type is material we are obligated to protect under various international treaties. The entities holding this material may be international organizations or foreign governments. These filings are not assigned registration numbers because the "89-" materials are not "registered"; they are only deposited in the USPTO for reference and informational purposes. During the USPTO examination of pending applications, the "89-" material will be referenced as a bar to the registration of a mark undergoing examination if it is determined that the mark in the application creates a false association with entity holding the "89-" material [15 U.S.C. 1052(a)] or if the "89-" material is the official flag, coat of arms or other insignia of a country or other political entity [15 U.S.C. 1052(b)].

 

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