Trademark Attorney Learning Series
Conducting a Comprehensive Trademark Search – The Single Best Predictor for Trademark Success
When it comes to protecting your business name, conducting a comprehensive trademark search is an essential first step. Not only does it help you avoid obstacles and potential refusals during the U.S. Patent and Trademark Office (USPTO) application process, but it also shields you from third-party legal action if your name is too similar to an existing trademark. The USPTO examines applications based on a “likelihood of confusion” standard—meaning if a similar name or mark exists in the same industry, your application could be rejected, or you could face legal issues from another brand.
Conducting a thorough trademark search prior to filing your federal trademark application can be a huge determining factor for the success of your trademark process.
Search Before You Start – A Guide to Trademark Searching
Types of Trademark Searches
There are two main types of trademark searches, a Basic Knockout Search, or a Comprehensive Trademark Search.
A basic knockout search highlights obvious conflicts such as exact matches, while a comprehensive search digs deeper—checking for similar names or variations that may lead to confusion in the marketplace and / or a USPTO refusal. A comprehensive search should give you the full landscape of other usages that could potentially affect your right to own or register your trademark name.
Conducting a Trademark Search Saves You Time and Money…
Here’s Why
- Avoid Costly Mistakes: A trademark search helps identify conflicts before they arise, saving you from possible lawsuits or expensive rebranding if your name is too similar to an existing trademark.
- Protect Your Brand Early: Starting your search before you apply ensures your name is available for registration, sparing you from wasting time and money on branding, marketing, and packaging for a name you may not be able to legally use.
- Streamline Your Application Process: Conducting a comprehensive trademark search prior to filing your trademark application may help to streamline your application process at the USPTO. If there are no conflicting marks, your trademark registration process should be faster and you’ll avoid the potential expense of responding to a refusal from the USPTO.
We should note that even with a trademark search, there’s no guarantee your mark will be registered, but it significantly reduces your risk of refusal. We offer a free knockout search tool on our website, so you can easily check for basic conflicts. For thorough protection, our Comprehensive Trademark Search Package includes an in-depth Search Report and an Attorney Opinion Letter analyzing the search results to guide your decision making prior to filing your trademark application.
For more information or to schedule a consultation, get in touch with us. We’re here to help you and to safeguard your brand!
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