Checking a Trademark Is Legit

[DSLiverpool]

An Online business I have doubts about claim to have a TM just a week or so after naming the business - that’s ok I guess they planned ahead but I think it’s bull. A search shows it up for a USA aggregate business not a scouse watch flogger.

How do I check?

[Doofus]

Do they claim that it's a registered trademark?

If they have a picture of a bunny carrying a grandfather clock which they call a trademark, then that's fine.

[DSLiverpool]

Doofus said:

Do they claim that it's a registered trademark?

If they have a picture of a bunny carrying a grandfather clock which they call a trademark, then that's fine.

It’s legit I did a proper search - they are on jewellery the other TM of the same name is aggregates.

[Grrbang]

If they registered it, it should be findable via a national register.

You can search national registers such as https://www.gov.uk/search-for-trademark for the UK. UK trade mark applications take a few days to appear once they have been applied for. When searching by owner, please be aware that the owner could be a legal entity or a natural person.

Regarding foreign countries, many national registers are searchable via this search engine https://branddb.wipo.int/branddb/en/.

You mentioned they use 'TM'. Use of the symbol (TM) doesn't necessarily mean there is a registered trade mark. This is because the (TM) symbol is free for anyone to use, regardless of whether their trade sign is registered or unregistered. An unregistered trade mark is not findable in any register. A UK unregistered trade mark is simply a common law right to stop 'passing off'. Therefore, the (TM) symbol is used to identify a trade mark that may or may not be registered.

Incidentally, registered trade mark holders are entitled to use the (R) symbol although they don't have to.