Trademark Searches: A Guide
A trademark search is the process of determining whether or not a particular “mark” is already in commercial use. Businesses and entrepreneurs can benefit from a proactive trademark search because the results will tell them if a particular mark is available and it will give them a better understanding of their options. Ideally, you should conduct a detailed trademark search before you invest significant financial resources into building a brand. Below, our Boca Raton trademark registration attorneys provide a more detailed overview of trademark searches.
Starting Point: A Knockout Trademark Search
The most simple type of trademark search is called a “knockout” search. Essentially, it running a few terms through the Trademark Electronic Search System (TESS). Managed by the USPTO, TESS will show you if a particular term has already been registered or applied for. Running a knockout trademark search is an excellent starting point for businesses that are in the process of developing a new brand. That being said, the TESS system does return relatively narrow results—meaning it can be risky to rely solely on a knockout search. While you can do this type of search without the assistance of an attorney, it is not recommended. For example, you may still be able to use a certain trademark if the registration that was obtained or applied for relates to a different class of goods or services.
Better Option: A Comprehensive Trademark Search
For companies or entrepreneurs looking to launch a new brand, a comprehensive trademark search is a better and more reliable option. Beyond a simple knockout trademark search through the TESS database, a comprehensive trademark search can involve the review of:
- All federal trademark records;
- Any filings with state trademark offices;
- Domain names and search engine results; and
- Common commercial usage of the term or mark.
The purpose of a comprehensive trademark search is to provide in-depth information about exactly how a mark/term is being used in the business world. If another company is already using the mark, but has not actually registered for trademark protection, that matters. A comprehensive trademark search will uncover this information, while a simple knockout search will probably miss it.
Why Trademark Searches are Important
Comprehensive trademark searches offer three key benefits to businesses: clarity, conflict avoidance, and protection. Before building a brand and registering a trademark, businesses should have clarity on exactly how a term has been (and is being) used. With full information, they will be in a more informed position to make strategic decisions on how to proceed. Next, conflict avoidance is key. No company wants to end up in a serious intellectual property dispute. A trademark search helps to ensure that you or your business will avoid facing or minimize the risk of facing a trademark infringement claim. Finally, a trademark search helps put companies in the best position to build a brand that they can actually protect through the U.S. intellectual property system.
Call Our Boca Raton Trademark Lawyer for Help
At Perkins Law – Brand Protection, our Florida brand protection attorneys have extensive experience running comprehensive trademark searches for businesses and entrepreneurs. If you have questions about registering a trademark, we are here to help. For a confidential initial consultation with a top-rated intellectual property lawyer, please contact our law firm today. From our office in Boca Raton, we represent clients in South Florida and nationwide.
Resource:
uspto.gov/trademarks-application-process/search-trademark-database
