What is a Comprehensive Trademark Search?
A comprehensive trademark search is an in-depth search against other trademarks completed by a trademark attorney. This checks if the trademark or brand name is already in use or filed for registration by another company/person.
Flat Fee Trademark recommends a comprehensive trademark search whether your company is a tech giant or a small start-up with offices in the garage. Choosing the right name for your business and brand can mean the difference between success and failure.
For every GOOGLE, NIKE and STARBUCKS, there are a thousand name brands that fizzled before they even started.
Regardless of size, the best way to ensure that the name you want is available and protected for exclusive use in connection with your goods or services is to search your trademark name, and apply for federal trademark registration.
But how exactly does one know if the name they want is already taken or available for use and registration? The best way to start is by conducting a comprehensive U.S trademark search.
The U.S Trademark Search and Registration Process
A comprehensive trademark search helps you to identify potential problems in pursuing a particular name, phrase, design or symbol. A comprehensive search also checks current trademark databases, business directories, and other registries. This ensures that the trademark name you want to use has not already been filed for registration or used by someone else in the same category you plan to use it.
For example, if you would like to trademark CAMPER for use in connection with shoes, a trademark search would reveal that there is already an active trademark registration for CAMPER covering shoes and apparel. In this instance, there is an exact match for the name you are considering, so that name is obviously not a good trademark choice.
Complications arise however, when there are similar marks (in appearance, sound or spelling) that may be easily overlooked by the untrained eye.
Knockout or Comprehensive Trademark Search?
There are several ways to conduct a trademark search but two of the most popular options available are a free knockout trademark search or a comprehensive trademark search.
A knockout trademark search highlights obvious obstacles that one might face when applying for a trademark, like the CAMPER example.
You can even do it yourself at no cost, a knockout search is limited and can be misleading.
A federal trademark search reveals whether there is an exact matching trademark already registered or pending registration with the U.S. Patent and Trademark (USPTO).
Trademarks and the Likelihood of Confusion
A basic knockout search may show that there are no matching trademarks registered or pending for the name you want. Keep in mind that the standard of review for trademarks and trademark registration is a likelihood of confusion.
The most important determination in trademark law is whether the average consumer in the marketplace, seeing two (or more) similar marks used in connection with the same or related goods, would likely be confused as to the source of those goods or services.
A comprehensive trademark search is the broadest method of trademark searching and generally includes federal trademark records. This also includes state trademarks and other commercial uses of the trademark name that could affect your right to use and/or register the name. A comprehensive trademark search includes the exact mark you would like to register. This also includes any variations that may trigger a likelihood of confusion refusal.
Conduct a USPTO Trademark Search with Flat Fee Trademark
Our professionally trained trademark attorneys have over twenty-five years of combined experience in trademark law and trademark searching and can help you to identify potential risks and obstacles in the trademarking process.
- A comprehensive trademark search service includes registered trademarks and pending applications as well as non-registered commercial usage (what’s known as common law trademark use).
- An attorney looks for variations or translations of your mark so you can be more knowledgeable of potential conflicts in the trademark registration process.
- Our attorneys also checks potential trademark infringement actions from others.
You can also proceed in building your brand more confidently when you know what else is out there (which is hopefully not much). Risk reduction, unnecessary expenses, and avoiding lawsuits are among the benefits that come with doing a proper trademark search. The earlier you search your prospective trademark name, the sooner you can determine whether it’s a winner, or whether you should go back to the drawing board. In waiting to search your trademark, you risk losing valuable time and money spent on labeling, packaging, branding and marketing.
Try the knockout search tool on our website as a starting point for you to conduct your own “knockout” search. This can help eliminate obvious duds before selecting a name for registration.
Our Comprehensive Trademark Search Service
Our Comprehensive Trademark Search and Application package includes a search of the federal trademark database, trademarks in all 50 States, domain name registrations and common law uses, as well as an Attorney Opinion Letter explaining the search results and how they may affect your ability to use and/or register the name you want.
We continue to serve as your Attorney of Record pending registration of the mark and we will respond to any non-substantive requests from the USPTO once your trademark application is filed.
To get started with your Comprehensive Trademark Search & Application Package, please use the green Order Now button in the sidebar or at the top of page. You can also give us a call at (800) 769-7790 to speak with a Flat Fee Trademark attorney.
