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
- Go to the TESS Database at the US Patent and Trademark Office online.
- 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”.
- 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.
- 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.
- 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.
- If the term that you search for does not match any registered marks, you’ll see the page shown below.
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.
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What does the “published for opposition” line mean in the TESS listing?
Susie, That means that the trademark is not yet live and is awaiting for opposition from anyone who contests issuing the trademark.
This is simple and super helpful, You saved me a lot of time. Thanks again!
My pleasure, Samah! Have a great day!
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.
What’s the quote/poem?
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
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.
Sounds good. Thanks so much for your help.
My pleasure!
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.
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/
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’?
I probably wouldn’t.
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!!
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.
This was SO VERY HELPFUL!!!!! Thank you very kindly!
Glad you found it useful, Lisa!
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?
Yes. As long as you continue to pay registration fees and keep them up to date – you can keep it indefinitely.
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
You’d be able to use a North Carolina image that you’ve drawn or purchased a commercial use file for. Hope that helps!
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!
Most team names (the words) are trademarked. Same with the Army sayings, for military – you’d need to get licensed through them.
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 =)
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!
My search for a trademark yielded a “dead” and “abandoned” statement. Does that mean I could register it anew under my ownership?
Not necessarily, unfortunately. However, your legal team could look into it.
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?
If something gets trademarked after you’ve been using it, you will have to prove that you used it before it was trademarked.
Do you suggest getting your business name trademarked before signing up for you domain and really diving into getting your business started?
If you name is in high demand, then by all means – trademark it. Otherwise, most small businesses don’t.
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!!
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.
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
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.
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
Sounds like your interpretation is correct. 🙂