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How to Search the US Trademark Database & Interpret Results

Filed Under: Copyright and Trademarks

If you are going to be selling products made with your Silhouette or Cricut, you’ve got to learn the basics of trademarks. I’ve written extensively about trademarks in this section on the blog. But, that isn’t enough. You’ve got to learn how to search the TESS (Trademark Electronic Search System) database, because TESS is the government’s trademark database. Most live and dead trademark registrations live in this database. Today, I’ll walk you through searching the database and interpreting the results.

How to Search the TESS Database

  1. Go to the TESS Database at the US Patent and Trademark Office online.
  2. For most Silhouette or Cricut uses, a basic search will tell you if you can use a phrase or words in your products. Click the top choice, “Basic Word Mark Search”. Tutorial: How to Search the US Patent & Trademark Office TESS Database - by cuttingforbusiness.com
  3. Enter words or a phrase into the search box and click “Submit Query”. For this example, I’ve used the phrase “team bride”. There are additional tips on the bottom of the TESS Database page to help you conduct searches.Tutorial: How to Search the US Patent & Trademark Office TESS Database - by cuttingforbusiness.com
  4. If there is a registered mark in the TESS Database, you will see a results page that gives you further information. If multiple registered marks are present, they will be presented in a list where you can click on each one to get more information. Results will be listed as either “LIVE” or “DEAD”. Dead trademarks are no longer protected and can be used. Tutorial: How to Search the US Patent & Trademark Office TESS Database - by cuttingforbusiness.com
  5. The information that is most useful is 1) the registered mark, this is what the trademark owner has registered and you cannot legally use their trademark without permission. 2) The items for which the trademarked term applies to. In this example, “team bride” is trademarked for “clothing for bachelorette parties – tops, tank tops, t-shirts, headwear, sweatshirts, sweatpants and jackets.” This means that if you want to put “team bride” on a tumbler, that is NOT a violation of this registered trademark. 3) The trademark owner’s information. If you really want to use a trademarked term or design, you can reach out to the trademark owner and discuss licensing options. Individual trademark owners may or may not be open to licensing, but it doesn’t hurt to ask.
  6. If the term that you search for does not match any registered marks, you’ll see the page shown below. Tutorial: How to Search the US Patent & Trademark Office TESS Database - by cuttingforbusiness.com

When Should You Search the TESS Database?

  • Before you start making products with phrases or quotes in your Silhouette or Cricut business.
  • If you receive a claim from a seller stating that you are violating their trademark, you should always check it out before taking down your listings. There have been a lot of sellers claiming rights to things when they don’t actually have it registered. These sellers are attempting to use scare tactics to eliminate their competition.

It’s important to note that trademarks are approved daily, so the database is always expanding. Additionally, not all trademarks will show up in the database (this includes those that are pending and those that the owner has chosen not to list in the database).

Lastly, if you are interested in registering your own trademark, it is wise to consult a trademark attorney who can advise you on the steps involved and complete the paperwork for you. If you found this tutorial helpful, don’t forget it pin it by hovering over the image below.

How to Search the US Trademark (TESS) Database & Interpret Results - A MUST read for Silhouette Portrait or Cameo and Cricut Explore or Maker craft business owners - by cuttingforbusiness.com

Related Posts

  • Understanding the US Copyright Act of 1976 as a CrafterUnderstanding the US Copyright Act of 1976 as a Crafter
  • All About Trademarks in CraftingAll About Trademarks in Crafting
  • Trademark Infringements & Alternatives for Silhouette Cameo and Cricut CraftersTrademark Infringements & Alternatives for Silhouette Cameo and Cricut Crafters
  • Why doesn’t Etsy Remove Trademark Violations?Why doesn’t Etsy Remove Trademark Violations?
  • Trademarks: What Crafters Need to Know About NBA LicensingTrademarks: What Crafters Need to Know About NBA Licensing
  • How to Report Trademark InfringementsHow to Report Trademark Infringements

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Comments

  1. Susie Kline says

    April 1, 2016 at 7:22 pm

    What does the “published for opposition” line mean in the TESS listing?

    Reply
    • Christine says

      April 4, 2016 at 10:50 pm

      Susie, That means that the trademark is not yet live and is awaiting for opposition from anyone who contests issuing the trademark.

      Reply
  2. Samah says

    April 14, 2016 at 12:42 am

    This is simple and super helpful, You saved me a lot of time. Thanks again!

    Reply
    • Christine says

      April 14, 2016 at 9:09 pm

      My pleasure, Samah! Have a great day!

      Reply
  3. Cindy Hays says

    September 20, 2016 at 5:44 pm

    There is a quote/poem on items that I have seen several people selling. I would also like to use this quote/poem. I entered the first 3 words into TESS. Nothing was found. Did I do it right or should I have entered the whole thing? Could you possibly help me find out if it is trademarked or at least guide me in the process? I would be very thankful.

    Reply
    • Christine says

      September 20, 2016 at 8:52 pm

      What’s the quote/poem?

      Reply
      • Cindy Hays says

        October 14, 2016 at 1:35 pm

        Christine,

        I don’t know the name, but this is the quote/poem.

        Christmas in heaven, what do they do? They all come to earth and spend it with you, so save them a space, one empty chair. You might not see them, but they will be there.

        Thanks for any help or advice.

        Cindy

        Reply
        • Christine says

          October 16, 2016 at 8:50 am

          I couldn’t find anything about the phrase. I searched for the origin, and trademarks on it. If it were me, I’d say it’s okay to sell.

          Reply
          • Cindy Hays says

            October 16, 2016 at 9:16 pm

            Sounds good. Thanks so much for your help.

          • Christine says

            October 17, 2016 at 9:40 pm

            My pleasure!

  4. Nitachia says

    November 27, 2016 at 8:39 pm

    Hi there. I’m from Canada and am looking to start a small etsy business in the new year. I will be mostly doing planner stickers, but I do want to make a few wedding signs. One of them includes the saying ‘Because someone we love is in heaven, there’s a little piece of heaven at our wedding today.” It seems the Canadian trademark website does not have all the trademarks that the US has. I searched some of those words and nothing showed up. I also searched “bride tribe” which you indicated on another article was a trademark not to be used, but it didn’t show up in the Canadian database. Did I search wrong, or is it just a trademark in the US? This is all so confusing, but looking to start somewhere. If you understand the Canadian database better, please email me. Thanks.

    Reply
    • Christine says

      November 27, 2016 at 8:42 pm

      Hello! Here’s the only information I have on the blog about Canada’s trademark system. Unfortunately, I have no experience with your database, because I am US based. You might have better luck searching the global database though: https://cuttingforbusiness.com/2016/10/25/international-trademark-info-for-crafters/

      Reply
  5. Christina says

    January 11, 2017 at 9:04 pm

    This is so helpful! Do you know if I can name a business if the name has been trademarked? For example, if the trademark is ‘Good Day’, can I name my company ‘Good Day Company’?

    Reply
    • Christine says

      January 14, 2017 at 8:03 am

      I probably wouldn’t.

      Reply
  6. Morgan says

    January 12, 2017 at 11:58 am

    Christine.
    I enjoy all the great info you provide! I tried to follow your instructions and searched the database for trademarks for NASP. A list came up. I am wanting to print NASP on various products to sell relating to archery. The list included a variety of trademarks for that abbreviation not archery related. My question is: Do I need to check all of them or use on products or just the archery related? If I read it right, I am able to use it on my products. Is this correct from your view. Thanks in advance for your help and knowledge!!

    Reply
    • Christine says

      January 14, 2017 at 8:01 am

      It wouldn’t matter is they are registered for an unrelated company – if it is registered for shirts you wouldn’t be able to make a shirt and sell with with the letters.

      Reply
  7. Lisa Kirk says

    February 4, 2017 at 2:14 am

    This was SO VERY HELPFUL!!!!! Thank you very kindly!

    Reply
    • Christine says

      February 4, 2017 at 12:15 pm

      Glad you found it useful, Lisa!

      Reply
  8. Arn Sweatman says

    February 16, 2017 at 5:26 pm

    If I register an App name – is the name still legally owned by me even if I don’t publish the app for say, 18 months?

    Reply
    • Christine says

      February 16, 2017 at 7:44 pm

      Yes. As long as you continue to pay registration fees and keep them up to date – you can keep it indefinitely.

      Reply
  9. Taylor says

    March 13, 2017 at 9:58 am

    on cricut design space is it ok to make decals with the North Carolina state image? im really confused with what i can and can not use

    Reply
    • Christine says

      March 15, 2017 at 10:12 am

      You’d be able to use a North Carolina image that you’ve drawn or purchased a commercial use file for. Hope that helps!

      Reply
  10. Cassidy says

    April 15, 2017 at 12:55 pm

    Hi! I’m curious if it’s alright to use professional teams or other copyrighted, trademarked, whatever (I don’t really know the differences) if you don’t use the symbol/logo? For example, could I make something that says “Pittsburgh Steelers” or even just “Steelers” and do it in black and yellow if the logo is nowhere on the design? Another example: “Army Mom.” I’m unsure how to go about finding the legal things of anything other than words or phrases. Also, these would be for sale, not just personal use. Thank you so much!

    Reply
    • Christine says

      April 17, 2017 at 9:26 am

      Most team names (the words) are trademarked. Same with the Army sayings, for military – you’d need to get licensed through them.

      Reply
  11. Cinthya Sanchez says

    June 30, 2017 at 5:44 pm

    Trying to start a small apparel brand & mainly shirts. Love all the info! Questions: 1. If I want to trademark a slogan or quote do I have to go through a lawyer or can I go directly to the United States Patent and Trademark Office? 2. What is the difference between getting a phrase/quote trademarked and copyright? 3. You mentioned that some might be trademarked but not pop up int the search so how can one avoid getting into trouble with those? Thanks in advance =)

    Reply
    • Christine says

      July 4, 2017 at 10:16 am

      It’s recommended to go through a lawyer. Trademarks and copyrights are two different things. Older trademarks and those not showing up based on poor search terms can generally be found by a lawyer. Hope that helps!

      Reply
  12. Ann Hendrix says

    July 28, 2017 at 4:17 pm

    My search for a trademark yielded a “dead” and “abandoned” statement. Does that mean I could register it anew under my ownership?

    Reply
    • Christine says

      July 31, 2017 at 9:02 am

      Not necessarily, unfortunately. However, your legal team could look into it.

      Reply
  13. Danielle Riley says

    August 11, 2017 at 3:54 pm

    Hello ,

    I have found several phrases that are not trademarked. Can I start creating these items or do I need to worry about someone trademarking them and then I be in the wrong and sued for someone trademarking it later in life?

    Reply
    • Christine says

      August 15, 2017 at 8:50 am

      If something gets trademarked after you’ve been using it, you will have to prove that you used it before it was trademarked.

      Reply
  14. Katlyn Howard says

    September 20, 2017 at 12:35 am

    Do you suggest getting your business name trademarked before signing up for you domain and really diving into getting your business started?

    Reply
    • Christine says

      September 20, 2017 at 12:35 pm

      If you name is in high demand, then by all means – trademark it. Otherwise, most small businesses don’t.

      Reply
  15. Megan says

    October 30, 2017 at 11:16 am

    If you do a search on the TESS database, and an image comes up, is it just the image that is trademarked or the word in the image? What I’m wanting to do is make shirts with our school’s team name. The shirts would simply say “Wolfpack”. When I query for Wolfpack, it looks like a hockey team’s logo comes up. I’m wondering if this would mean that the image can’t be used or if the words can’t be used as well. I thought I had a pretty good grasp on the trademarking situation, but this has me stumped 🙂 Thanks for your help!!

    Reply
    • Christine says

      October 31, 2017 at 11:29 am

      While I haven’t looked up that specific trademark, if you are wanting to use your school’s logo – get permission from the school itself.

      Reply
  16. Karissa says

    January 17, 2018 at 10:03 am

    Christine,
    I am seriously thinking of starting a small vinyl/handmade gifts business from home. My question is, if I want to use an image that is already registered, Can I make alterations to the image, ie insert a monogram, to make it original? Thanks, Karissa

    Reply
    • Christine says

      January 19, 2018 at 8:11 am

      Honestly, it’s a shade of grey. There is no set percentage of change to an original or anything like that. If your design can cause “customer confusion”, it would be a trademark infringement.

      Reply
  17. Angela says

    July 22, 2018 at 1:44 am

    Hi, Christina!

    Great information, as usual. Thanks for doing the initial leg-work on this for us. Your article states that if a word or phrase is not trademarked for my product offering (wood signs), it is legal to use that word/phrase on (my) wood signs. I read the “Goods and Services” description for each search result for Daughter of the King, and wood signs are not listed. Based on the article and additional research, it’s legal to use “Daughter of the King” on wood signs…for now. 🙂 Just want to confirm – is my interpretation correct?

    Follow up question: If this phrase was trademarked for wood signs, does that prevent use in a broader quote, “I am a daughter of the king who is not moved …..”?

    Thank you for your time!
    Angela

    Reply
    • Christine says

      September 24, 2018 at 9:44 am

      Sounds like your interpretation is correct. 🙂

      Reply

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