The Importance of a Trademark Search
Don’t waste your valuable time trying to register a trademark yourself, give me a call so it’s done right the first time at 1-(800)-866-0039!
Determining if a mark is already registered requires a comprehensive trademark search. A trademark search must go beyond searching for the actual mark and must take into consideration confusingly similar marks. This may include phonetic and design equivalents, commonly referred to as “likelihood of confusion.” This is one of the most common reasons that applications are refused according to the USPTO.
The USPTO cannot provide a search prior to filing your application so it is important to be extensive in your search prior to filing. Once filed, the USPTO’s search is not done on behalf of the applicant, but rather to determine whether the mark can be registered.
It is also important to perform what is referred to as a “common law” search. This involves an exhaustive search of records other than federal registers and pending applications. Examples of such “common law” records include phone directories, industrial directories, state trademark registers, etc. The USPTO will keep their search to registered trademarks when determining whether to grant a trademark. Failure to consider a common law search may open your application to opposition.
It is important to be as thorough as possible in a search as what may be overlooked today, may cost you tomorrow. Our legal experts will perform a comprehensive trademark search for you, right now. Please give us a call at 1-(800)-866-0039.
