Trademark Searches: Frequently Asked Questions (FAQs)
Did you know that there are more than 2.5 million actively registered trademarks in the United States? (Statista) Before your company invests significant resources into developing a brand, you need to be sure that it does not improperly infringe upon one of these already existing trademarks.
A trademark search is a valuable tool. At Perkins Law, we offer Trademark Genie® and we have extensive experience performing comprehensive trademark searches. Here, you will find answers to some of the most frequently asked questions (FAQs) about trademark searches.
What is a Trademark Search?
Broadly explained, a trademark search is a process that involves checking trademark databases to see if your chosen mark or a similar one is already registered. Both official records (federal databases) and unofficial records (the internet) should be checked. The search helps businesses avoid legal issues by identifying potential conflicts with existing trademarks. A thorough search can save time and resources before an application is filed.
Why is it Important to Perform a Trademark Search Before Filing?
You do not want to waste time and money on trying to launch a brand for a company, product, or service if that brand name is already taken. Performing a trademark search is crucial because it reduces the risk of trademark infringement. It informs you about the likelihood of your trademark being registered based on existing similar marks. Skipping this step might lead to a rejected application or, even worse, a costly legal dispute from another trademark owner.
How Do I Conduct a Trademark Search?
You can conduct a trademark search by accessing public databases such as the United States Patent and Trademark Office’s (USPTO) online system. For a more comprehensive search, businesses and entrepreneurs should hire a professional trademark attorney to do a comprehensive trademark search which includes more than just searching the USPTO records. A lawyer can interpret complex search results and provide actionable legal guidance and support.
What Should I Do if a Trademark Search Reveals a Similar Mark?
It depends. If your search reveals a similar mark you should assess the likelihood of confusion as determined by factors like the similarity of the marks and the relatedness of the goods or services. You may still be able to move forward. However, you may also be better off choosing an alternative brand. The answer is highly case specific. Be sure to consult with a Florida trademark search attorney might be advisable to understand your options and potential risks.
Should a Trademark Search Be Conducted By a Lawyer?
Yes. With a trademark search, it is important to get it right. A comprehensive trademark clearance search is best performed by an experienced Florida brand protection lawyer. While anyone can technically conduct a very basic trademark search, a lawyer who specializes in intellectual property can provide a more thorough and legally insightful analysis. Among other things, your trademark search lawyer can identify risks and offer strategic advice on how to proceed with your application.
Speak to a Trademark Search Lawyer in South Florida Today
At Perkins Law, our Florida brand protection attorney has extensive experience conducting comprehensive trademark searches for businesses and entrepreneurs. If you have any specific questions about trademark clearance searches, contact us right away to set up a confidential case assessment. We represent businesses and organizations in trademark law matters throughout all of South Florida, including in Miami-Dade County, Palm Beach County, and Broward County.
Source:
statista.com/statistics/257628/number-of-trademark-applications-worldwide/
