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If you are considering registering a trademark for your business or product name, one of the first steps in the process is to research existing trademarks to ensure that the name isn't already trademarked by someone else, either in the same exact form or in a form close enough to cause confusion. However, even if a trademark shows up in the registry, that doesn't necessarily mean you have no options. Here's a look at what you need to know.

Trademark Status Matters

One of the first things that you need to know when you are researching the trademark database is that the status of any existing trademark is an important factor. Every trademark that has ever been registered will appear in this database, even if the trademark is no longer held by the original party or legally active.

If a trademark shows up in the database as a live trademark, that's one that the trademark office deems is legally and currently still in use. However, some trademarks appear with a "dead" status, which means that the trademark is no longer in use. If the trademark shows up as a dead trademark, that means it won't have any bearing in the review process of your trademark application.

Live Trademarks Aren't Always An Exclusion

In most cases, if you see a live trademark that conflicts with the trademark you are trying to register, you'll be out of luck on your trademark application. Your trademark will be denied based on the conflict with an existing registered trademark. However, that doesn't always mean that a live trademark eliminates your options. If you can prove that the trademark has been abandoned, you may be able to have your trademark approved anyway.

What Is An Abandoned Trademark?

An abandoned trademark is one that is no longer being used in trade, that hasn't been used for several years, and that the trademark owner doesn't intend to return to. It can be challenging to prove, so it's best done with the support and assistance of a trademark lawyer.

Your attorney will help you formulate evidence based on the trademark holder's past business activities and current business activities. Then, the trademark office will need to verify with the trademark holder that he or she doesn't intend to return the trademark to use.

If all of these criteria are met, the trademark is considered abandoned and you will be free to register the trademark in your name.

Trademark law is complex and precise. Make sure you work with a trademark lawyer for your trademark registration to ensure that it is done correctly.

To learn more, contact a trademark lawyer.