The registration process is complex and filled with legal proceedings, and a crucial part of that process is trademark search, which occurs before the application is even drafted. The trademark registration application is submitted to the United States Patent and Trademark Office (USPTO). They have the right to reject an application based on similarity, the likelihood of confusion, and more.
Primary research isn’t enough to ensure that your trademark is unique and not already existing. Thus, it’s recommended to hire an attorney to help with an in-depth trademark clearance search.
This article will discuss the importance of trademark conflict search and the types of searches. Let’s get started!
Importance Of Trademark Searching
Trademark clearance or conflict search helps identify any legal barriers to your brand’s use of the registration mark. The mark can be a word, symbol, logo, or phrase, but it should be unique to avoid lawsuits from other companies.
A trademark search is essential before your company invests in developing its brand signage, packaging materials, and website and promotional content. You can access the USPTO database through a trademark search to see if any similar or already-existing trademark is unavailable.
For instance, if a third party has a similar trademark as yours, it can file an infringement lawsuit against your company, requiring you to change all branding material.
Online tools help with trademark searches, but they are limited and only show exact matches. The USPTO can use identical, similar, or confusing trademarks as grounds for application rejection.
Types Of Searches
There are 3 types of searches you can perform to ensure your trademark or something similar to it is not already registered in the USPTO.
1. State Trademark Search
A state trademark search will search the 50 states’ databases to look for exact or similar matches. Businesses operating regionally and don’t need to have a federal registration can do a state trademark conflict search. This trademark holds rights, most notably in prior use in commerce.
2. Federal Trademark Search
A federal search, also known as a USPTO database search, is a search engine that examines already-existing trademarks for different elements like pronunciation, spelling, foreign language equivalents, etc. These searches are comprehensive and thus take several hours.
3. Common Law Trademark Search
A common trademark clearance search involves searching for unregistered but similar common marks that are in use before your business. It isn’t necessary that these marks have federal or state registration, but they still hold some rights, which could be a legal problem for your business later.
Options For Trademark Searches
There are two options for trademark clearance searches,
- You can either do the searching yourself or use online legal sites and free tools to search state and federal databases.
- You can hire an attorney and do an in-depth search from multiple databases to avoid lawsuits.
As you can see, a trademark clearance search is an integral part of the application process; any error can hinder your business in the future and become a target for infringement. Thus, hiring an attorney is a better option rather than doing it yourself.
A comprehensive search includes state, federal, and common law databases, including trade directories, domains, product catalogs, and high-level internet searches. Reach out to Trinity Trademarks, conduct a thorough trademark clearance search, and start your business the right way. Call now for a consultation.