After a trademark application is filed, the USPTO will conduct a search of USPTO records for conflicting marks as part of the official examination process. The official search is not done for the applicant but rather to determine whether the mark applied for can be registered. The USPTO advises applicants and/or their representatives to search the records before filing the application. A search may be conducted through TESS, or by visiting the Trademark Public Search Library, between 8:00 a.m. and 8:00 p.m. at Madison East, 1st Floor, 600 Dulany Street, Alexandria, VA 22313. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library. These libraries have CD-ROMS containing the database of registered and pending marks, and Internet access to the Trademark Electronic Search System (TESS). (However, the CD-ROMS do not contain images of the design marks.)
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- Browse Related Terms: ABSS, bio-sequence listings, boolean, Design Search Code Manual, ISR, Patent and Trademark Depository Library, pseudo mark, PSIPS, search, sequence listing, TESS, Trademark Electronic Search System
A study of available information in the field for the purpose of determining if any prior discovery makes the subject invention incapable of being patented or, if patentable, whether it infringes a prior issued patent.
- Browse Related Terms: active inducement to infringe, claim(s), Colorable Deviation, Comprising, contributory infringement, copying, Direct Infringement, doctrine of equivalence, doctrine of equivalents, equivalents - reverse doctrine of, Infrastructure, Infringed Literally, infringement, Infringement By Equivalents, Infringement Under Doctrine of Equivalents, Literal Infringement, notice (also marking), Product By Process Claim, prosecution history estoppel, search, that which infringes if later, anticipates if earlier
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