Before investing time, money and other resources into marketing materials and promotions using your trademark, it is important to make sure that your trademark is available for both use and registration. Availability can be determined by conducting a comprehensive trademark search. We conduct trademark searches for our clients to significantly increase the success rate of their trademark application and to prevent costly litigation for trademark infringement.
Our experienced trademark attorneys will also counsel you on the long term effects of moving forward with a particular trademark for your brand.
Common Trademark Search Questions
Why Do I Need To Do A Search?
A full comprehensive trademark search will provide you with a snapshot of exactly how your trademark is being used throughout the United States or whichever region your search is conducted. This helps you make an informed decision about use of your trademark before you invest heavily in using your trademark in the marketplace. This saves you money and can prevent an unnecessary lawsuit for trademark infringement if another company or individual is already using your trademark in your industry.
What Happens If I Do Not Do A Search?
Filing a trademark application or even just using a trademark without conducting a search is very dangerous. You will never know how your trademark is being used or if you can own exclusive rights to your trademark until you conduct a search. Many businesses are sued for trademark infringement and ultimately have to re-brand or fork over thousands of dollars to defend themselves simply because they did not conduct a search before using their trademark.
Is A Google Search Enough?
Google is a great tool to find basic common law usage and given that we live in a digital age, the vast majority of businesses that are operating will appear on google to some degree. However, a google search alone will not bring up the details you need to make an informed decision about your trademark and will not tell you whether or not trademarks that are similar to your own are already registered.
What Happens If I Find A Similar Trademark?
If you or the trademark attorney you hire to conduct a trademark search finds trademarks that are similar to yours this can mean one of two things. (1) you need to come up with a different name or (2) you will need to find a creative way to, within the legal parameters of trademark law, differentiate your trademark in such a way that infringement is non-existent as a matter of law. It is recommended to seek out counsel of a trademark attorney to help you down the right path if you come across a trademark that is similar to yours. This will save you time, money and set up a strong foundation for your brand before you invest any more money into your trademark.