Introduction

The U.S. Patent and Trademark Office (PTO) now offers World-Wide Web (Web) access to selected trademark information obtained from its internal trademark database. Understanding the limitations of this Web database can help you avoid significant problems. Prior to using the PTO’s trademark database on the Web, it is critical that you review the following information.

This initial offering of trademark information on the PTO Web site provides access to the trademark text data currently available on two of PTO’s Cassis CD-ROM products: Trademarks Registered and Trademarks Pending. Like the CD-ROM products, this text will be updated on a two-month cycle. Images will be added as they become available.

If you have any questions regarding adoption or use of a trademark, the PTO strongly recommends that you consult with an attorney. The PTO cannot recommend attorneys.

Web Database Contents

• The fact that a mark is not present in the Web database does not necessarily mean that the mark is not currently being used as a trademark.
• The Web database contains only those trademarks that are Federally registered or that are pending (applications undergoing examination at the PTO).
• The Web database does not contain any information on state, foreign, or common law trademarks.
• The Web database does not include information on inactive applications and registrations (i.e., abandoned applications or canceled or expired registrations). Since it is possible for inactive applications or registrations to be “revived” or “reinstated,” active marks that may present possible conflicts with your mark will not be retrieved if they have temporarily fallen into an “inactive” status.

Currency of the Web Database

• The PTO’s trademark data on the Web is updated on a two-month cycle. Coupled with the time required for data production, this means that particular trademarks could be as much as four months out of sequence with the PTO’s internal trademark database.
• The Web database does not include new applications that were filed and entered into the PTO’s internal trademark database during the last two to four months.
• The Web database does not reflect changes made to the PTO’s internal trademark database during the last two to four months.
• The Web database will show applications that registered after its last update as pending applications rather than registrations.
• The Web database will not include edits made to individual records after its last update.
• Images, which should exist for registered and pending trademarks with Mark Drawing Codes of "(2)" or "(3)", generally become available some months after the corresponding text is available. The availability of images in the Web database may affect your ability to evaluate trademarks that include design features.

More Current Data

X-Search, the PTO’s internal trademark database, may be searched for a fee at the PTO’s Trademark Search Library in Arlington, VA , or at Partnership Patent and Trademark Depository Libraries located in Sunnyvale CA, Detroit MI, and Houston TX . You may also update your search by consulting the Official Gazette: Trademarks, which can be found at over 80 Patent and Trademark Depository Libraries and at selected Federal depository libraries throughout the country. The Official Gazette does not list all marks that are in pending applications. It contains only registered marks and marks published for opposition.

Any perceived error or inconsistency in these records must be resolved by examining the official record, which is the physical application/registration file.

Last Modified: 1 December 1998