So you think you’ve found the right domain name for your new online business and you’re getting ready to register it. Excellent! But I suggest you go to one more website before you start spending money. There could be a trademark issue and you don’t need it!
TESS, or Trademark Electronic Search System, is a division of the United States Patent and Trademark Office. TESS has the most current list available of current trademark holders. Simply search Google for TESS and you will be taken to a page with several possible search alternatives. Enter your domain name, your keywords, whatever it takes to get the best information, and then hold your breath.
You want to be sure that there is no “likelihood of confusion” between your expected domain name and an existing trademark. You can share keywords with other brands, but if you think your domain name will be used to sell products or services similar to an existing trademark, you may want to think about looking for another name. You may not have a problem for years, but just when your business is starting to take off (and the owner of the competing brand is starting to feel it), lawyers will show up at your door.
If you are very lucky, the TESS search will take you to a page that does not display the same or similar brands. If you’re lucky, the page will display a number of similar marks, and you can click on them to get details about the products and services covered by that mark. Do not take any of the pages as gospel. As TESS takes pains to point out, not all protected trademarks have been registered with the United States Patent and Trademark Office and if you choose to register your mark, it will not necessarily be accepted (Note: you will not get your $2 filing fee). 375 back if you guess wrong).
So how can you be sure you’re not violating a trademark? you can’t be TESS suggests you hire a patent attorney to put the odds in your favor.
Sometimes it pays to do a little research before buying the perfect business domain name. As the old woodworking saying goes, “measure twice and cut once.” Before you find yourself in an expensive and untenable position, go see TESS. And even then, like all business decisions, you’ll have to gamble.
