A comprehensive trademark search and clearance should be performed prior to the launch of any service or product in the marketplace to determine if the trademark is available for use, registrable and protectable. Without conducting a proper trademark search, business owners and entrepreneurs are flirting with financial disaster. Most brand owners spend a considerable amount of time, money, thought and other valuable resources to design and select a trademark that represents the identity of the product or service that will be offered in the marketplace. If a business owner forgoes the trademark search and launches a product or service in the marketplace with a name, design, logo or tagline that is identical or similar to an already existing registered trademark, the business owner is putting its investment at risk. Engaging our trademark attorneys to perform a comprehensive search and clearance of your trademark will help avoid costly and time consuming issues not only when you’re applying for trademark registration but also when your product or service enters the marketplace.
Search of All 50 State Databases, Federal Database, Other Online Databases
Our trademark attorneys will conduct a comprehensive trademark search, which includes searching all 50 state trademark databases and the United States Patent & Trademark Office (USPTO) federal database (and other trademark databases if necessary), to determine if our client’s proposed trademark is likely to be confused, dilute or infringe upon existing registered trademarks. During the trademark search and clearance, our trademark lawyers will take into account the similarity of any existing registered trademarks to our client’s proposed trademark in regards to appearance, sound, and meaning; the marketplace relationship between our client’s products or services to those products or services covered by identical or similar registered trademarks; the inherent distinctiveness of our client’s proposed trademark; and the likelihood that our client’s proposed trademark may cause consumer confusion in the marketplace with other registered trademarks. Note, one of the most common reasons trademark applications are rejected is because the applied-for trademark is identical or too similar to a pending or registered trademark (i.e, trademark refusal on the basis of likelihood of confusion).
Avoid Costly Legal Problems, Save Money, Save Time
Engaging our trademark attorneys to perform a comprehensive search can help avoid legal problems and costly mistakes. Our trademark attorneys have the expertise and resources to conduct a thorough search of existing trademarks to determine the availability of your desired trademark, which can help you avoid using a trademark that is already in use by another party. This can help you avoid costly legal disputes and the need to rebrand in the future, which can be time-consuming and expensive. Additionally, our trademark attorneys can provide you with valuable advice on the strength and enforceability of your trademark and can help you navigate the complex legal process of registering a trademark.
We see many people perform their own search of the USPTO TESS database to assess the availability of a trademark, but it is not recommended as a substitute for consulting with a trademark attorney. While a search of the TESS database is a valuable step in the trademark clearance process, it may not be a comprehensive search and may not reveal all existing trademarks that could potentially conflict with your desired trademark. Our trademark attorneys have the expertise, tools and resources to conduct a more thorough search, including searching common law trademarks, foreign trademarks, federal trademarks, and state trademark registrations, and can interpret the results of the trademark search to give you a more accurate assessment of the availability of your desired trademark. Additionally, our trademark attorneys can provide you with legal advice on trademark law, which can help you avoid costly legal disputes and mistakes.
Corsearch Trademark Search & Clearance Platform
Our trademark law firm uses Corsearch, the premier trademark search, trademark clearance and protection platform for trademark and brand solutions. The Corsearch trademark platform provides our attorneys with high-quality, intuitive tools that are unparalleled. Corsearch enables us to provide crucial legal advice to our clients at every stage of the trademark process, be proactive in enforcing and maintaining our clients’ trademark rights, effectively represent our clients at the USPTO’s Trademark Trial and Appeal Board, and efficiently manage our clients’ trademark portfolios. With access to expansive global content, the Corsearch platform assists our trademark lawyers to monitor and protect our clients’ brands in an increasingly online, e-commerce business environment.