Naming in an AI Age
Join members of the NameStormers team as they explore the nuances of the creative nature of name generation, the mechanics behind trademark screening, and the importance of consumer research, with various guests featured along the way!
Naming in an AI Age
How to Read a USPTO Trademark Regestration
In this episode of Naming in the AI Age, Ashley Elliott explains how to read a USPTO trademark record using Nike as an example. She clarifies that multiple “Nike” entries represent different filings for various product classes, like clothing, footwear, and digital goods. Each record lists the mark, status, goods and services, owner, and registration details. Clicking into a record reveals more specifics—filing and registration dates, serial numbers, and the goods and services description that defines protection scope. Ashley emphasizes that U.S. trademark rights are based on first use, not first filing, and advises focusing on four elements: status, goods and services, key dates, and owner. Mastering these pages, she notes, is vital for anyone naming or protecting a brand.
Ashley Elliott (00:04):
Well, hello and welcome back to naming in the AI Age. I'm Ashley, and today we're going to do something super practical. We're going to talk about how to actually read a USPTO trademark page record. If you've ever searched for a name, let's say Nike is the example we're going to use today, and you've landed on a page full of records, it can be overwhelming. There's a lot of data out there, but once you know what to look for, it all starts to make a little bit more sense.
(00:29):
Disclaimer, before we dive in, we're not trademark attorneys. This is not legal advice. What we share here is simply for educational purposes, really to help you better understand the naming and trademark process.
(00:42):
Let's start on the main trademark search result page. When you search for Nike, you'll notice dozens of entries, and that's not because there are dozens of different Nikes out there. It's because Nike has registered its name and logo across multiple classes of goods and services. So on this page you'll see a higher level overview of things like the word mark. This is the trademark itself, Nike. It shows whether the mark is live registered, meaning it's active, live pending, meaning the application is still under review or dead, as in it's abandoned or expired goods and services. This tells you what each registration covers for Nike, that might be footwear under class 25, virtual goods under class 9, or watches under class 14. You'll also note the owner here. It lists Nike Incorporated, Oregon USA. Each one of those little boxes that you see represents a separate filing, one for shoes, one for clothing, software equipment, each with its own registration number.
(01:41):
That's how big brands protect their names across multiple industries. Now, when you click on one of those entries, you'll land on what's called the TSDR page, trademark Status and document retrieval page. That's the official USPTO record for that trademark. So let's walk through what you're going to see. Let's use Nike's registration as an example. At the top, you'll see the mark itself sometimes with an image. Here we see the Nike word mark with the swoosh. Now let's note a few important details. There's the US serial number. That's the application number that the USPTO assigns when it's first filed. There's their registration number, which appears once the trademark is officially approved. Then you see the application filing date. That's when the mark was filed, and in Nike's case, that was way back in 1982, as well as the registration date when it was officially registered in 1983.
(02:34):
You'll look for words like live registration issued and active. That means it's currently protected and it's been renewed. And then below that, you'll find goods and services. This part is very important. The description matters more than the class number. Why? Well, the description tells you exactly what the mark covers. So here Nike's registration covers athletic and casual clothing for men, women, and children, shirts, pants, jackets, socks, swimwear, and more. It's all under the Class 25, which is the class for clothing and footwear. You'll notice how it also lists first, use, date and use in commerce date. These show when Nike started using its name in real world sales 1971, that date is important because the US trademark rights are based on first use, not just first filing. So what's the takeaway here? Well, when you're reviewing any trademark record, a good place to start is by focusing on these top four things, focusing on the status.
(03:31):
Is it live pending, dead? Focusing on the goods and services. What products or industries does it cover? Focusing on the filing and first use states, how long has it been in use or protected? And then who's the owner who actually owns the rights? Once you know those four pieces of information, the USPTO site becomes a little less intimidating and a lot more powerful. It's one of the best free tools out there for understanding your brand landscape, checking name, ability, or researching competitors if you're naming a brand or product. Learning how to read these pages is a small skill that can save you a lot of time, money, and heartache may down the road. Thanks for joining me on naming in the AI Age. Until next time, protect your ideas, protect your name, and keep building boldly.