CopyMark Law Group

Copymark

Trademark Searching

Searching might help you decide whether filing is right for you. It can help you make an informed choice and save you filing fees.

Copymark

Trademark Searching

Searching might help you decide whether filing is right for you. It can help you make an informed choice and save you filing fees.
The federal registration of your trademark is not guaranteed. There’s an examination process, a review process, that every mark goes through. One of those issues is what is known as a “likelihood of confusion” between your trademark and a mark that has already been applied for or registered. If there is a likelihood of confusion, your mark will be refused. So, to help you avoid that situation, we recommend a search of their database of registered and applied-for marks before filing.
Searching might help you decide whether filing is right for you. It can help you make an informed choice and save you filing fees. The USPTO will not refund fees and does not allow you to change the mark after filing. Selecting and protecting your trademark is part of building your business. It’s an investment in the goodwill and reputation of your company, so you want to do it right. We can help avoid those issues by searching for your proposed mark. We have a few options.
A preliminary “knock-out” search gives you a general idea about obvious problems with a potential trademark before the application is filed. We would search federally registered trademarks to determine if there were any existing marks that would be clear barriers to registration for your proposed mark. It is not an attempt to reach a definitive answer on the availability of those marks that survive the screening; the goal is merely to rule out marks that are clearly unavailable. The purpose of this search is to avoid paying government filing fees and waiting several months for an application that is going nowhere.
Beyond that, a comprehensive search is designed to be reasonably comprehensive and provides you a formal legal opinion that analyzes known risks involved in pursuing and registering your mark. The search is conducted by a professional search company and includes databases of company names, domain name databases, and other sources. We analyze the search results and provide a legal opinion as to the viability of the mark (i.e. potentially related classes in zones of expansion, etc). It isn’t a guarantee, since there is always the possibility of a problem that wasn’t found in any of the databases, even with the comprehensive search.
Of course, you always have the option to do it on your own. There are no set rules on the best way to conduct a thorough search, but it at least includes going to USPTO.gov and using the Trademark Electronic Search System (also known as TESS) to look for federal registrations and applications that might conflict with your mark. I do not recommend this option as first-time searchers often miss trademarks raise “likelihood of confusion” refusals resulting in abandonment and loss of fees.