Why Your Trademark and Personal Information is Appearing on Google (and other Search Platforms)
You've taken a significant step to protect your brand by filing a trademark application to seek federal registration. It's an exciting time, but then you do a quick search for your name or business and see something unexpected. Your trademark application, full name, and even your personal address are showing up on Google and other search engines. This can be alarming, but it's important to understand why it happens and what it means for you.
Let's break down why your trademark information becomes public and what you can do to manage your online presence.
The Public Nature of Trademark Records
The core reason your information is online is simple: trademark records are public records by law. When you file an application with the United States Patent and Trademark Office (USPTO), your submission becomes part of a public database. This transparency is a fundamental part of the trademark system.
Why is it designed this way? Public access serves several critical functions:
- Preventing Conflicts: It allows other businesses and individuals to search for existing trademarks before they file their own. This helps avoid infringement and legal disputes down the line.
- Ensuring Fairness: A public ledger ensures the trademark registration process is open and accountable. Anyone can review applications and, if necessary, formally oppose one they believe infringes on their own rights.
- Promoting Commerce: It creates a clear, searchable record of who owns which brand rights, which is essential for a functioning marketplace.
This isn't unique to trademarks. Many government filings, such as property deeds, business licenses, and court records, are also public information for similar reasons of transparency and accountability.
How Your Information Gets from the USPTO to Search Engines
The journey from your application to a search engine result involves a few steps. It isn't a direct partnership between the USPTO and Google, but rather a natural consequence of how the modern internet works.
1. The USPTO's Public Database
The moment you submit your trademark application, the information enters the USPTO's various systems, including the TSDR (Trademark Status and Document Retrieval) database. This database contains all the details from your application, including:
- The trademark itself (the name, logo, or slogan).
- The name and address of the applicant (the owner).
- The name and address of the attorney, if one was used.
- The goods or services associated with the mark.
- All correspondence and documents related to the application's status.
This database is freely accessible to anyone with an internet connection through the USPTO website.
2. Search Engine Indexing
Search engines like Google use automated programs called "crawlers" or "spiders" to constantly scan the internet. Their goal is to discover and index public web pages to make them searchable. Since the USPTO's database is a public website, these crawlers find and index its pages, including the individual records for each trademark application.
Once a page is indexed, its content becomes searchable. This is why a search for your name or business might pull up your trademark filing directly from the USPTO website.
3. Third-Party Data Aggregators
Beyond direct indexing of the USPTO site, many private companies specialize in compiling and reselling public data. These companies systematically pull information from government databases, including trademark records. They then republish this data on their own websites, often in a more user-friendly or aggregated format.
These third-party sites are also indexed by search engines, creating even more online entries connected to your name and trademark. Some of these sites may offer monitoring services, while others simply exist to attract web traffic through public records. This is a legal practice, as the source information is public.
What Information Becomes Public?
Understanding exactly what is public can help you manage your privacy concerns. When you file a trademark, the following details are typically visible:
- Owner's Name and Address: The legal name and physical address of the person or company that owns the trademark.
- Correspondence Address: The address where the USPTO sends official mail.
- The Mark: The word, phrase, or logo you are protecting.
- Filing Date and Status: The entire history of the application, from filing to registration or abandonment.
- Attorney Information: If you hired a law firm, their name and address will also be listed.
Crucially, some sensitive information is not typically made public, such as payment details (credit card numbers) used to pay filing fees.
Practical Steps to Manage Your Privacy
While you can't completely remove public records from the internet, you can take strategic steps to minimize your personal information's exposure.
1. Use a Business Address
The most effective step is to avoid using your home address on the application. The address you list as the owner's address and the correspondence address will become public.
- Business Address: If you operate from a commercial location, use that address.
- Business Name: If you register ownership in the trademark under your Business name, that also provides some protection.
If you have already filed using your home address, you can submit a "Change of Address" form with the USPTO to update it to a business address for future correspondence. However, this will not remove the original address from the initial filing documents, which remain part of the public record.
Unfortunately, it is no longer possible to use a PO Box, virtual address, or registered agent address as your domicile. These laws were enacted in recent years to try and get a handle on the many foreing applicants using those to evade the US Counsel Rule. However (as discussed below), there is a way to potentially make use of these.
2. Hire a Trademark Attorney
Working with a trademark attorney adds a significant layer of privacy. When you retain an attorney, their name and office address can be listed as the correspondence address. All official communications from the USPTO will go to your attorney, who then communicates with you. This prevents your personal contact information from being the primary point of contact in the public database. It also provides the invaluable benefit of professional guidance through the complex registration process. However, you will still have to provide an address to the USPTO as the owner of the application/registration.
3. Use a Separate Domicile Address
While the USPTO no longer accepts a PO Box, Registered Agent Address, or virtual address for the Domicile of an applicant/owner, you can keep one of those as the public-facing address (so long as you provide a proper address for the "Domicile Address"). The Domicile Address will not be made public, and is used by the USPTO to communicate with the Owner about important deadlines, in the event they are no longer represented by an attorney (such as after their application matures to registration).
4. Understand What You Cannot Change
It is essential to recognize that the owner's name must be the legal name of the individual or entity that owns the mark. However, if you own the trademark through a business entity like an LLC or corporation, the business name will be listed as the owner, which provides a natural separation from your personal name.
5. Be Wary of Solicitations
Once your application is public, you will likely receive misleading notices and solicitations from third-party companies. These often look like official government invoices, demanding payment for services like "publication" or "monitoring." The USPTO warns filers about these scams. Your attorney can help you distinguish legitimate USPTO correspondence from fraudulent solicitations.
For more information on some of these common trademark scammers - see our blog article on this topic - https://www.iveticlaw.com/latest-trademark-scams-to-be-aware-of
Final Thoughts
Seeing your personal information online can be unsettling, but it is a standard part of the trademark process. By understanding that trademark databases are public by design, you can better prepare for this reality. Taking proactive steps and working with an experienced attorney can help you protect your brand while effectively managing your privacy.
If you have concerns about your trademark application or want to ensure your intellectual property is handled correctly from the start, our team is here to help. Contact us today for a consultation.
