One of – if not the – most important steps before launching your brand or filing a trademark application is to conduct a trademark clearance search. The clearance search helps determine whether your proposed mark is sufficiently distinctive to obtain protection and will help to minimize your exposure to the risk of infringing an existing trademark. The search can reveal the existence of any identical or impermissibly similar trademarks that could impact the chances and cost of successfully registering your mark in the United States or abroad. More importantly, the search can alert you to the possibility a superior trademark right holder who could oppose your registration, or even bring an infringement action in state or federal court.
Virtually no trademark search comes back entirely clear, especially in common law jurisdictions like the United States where earlier trademark rights can be acquired through earlier use of a name in connection with similar goods or services. However, with the information gained from the search, we can assess the risks and potential costs of pursuing your proposed trademark, and help you make an informed business decision whether to go forward with the mark as is, make adjustments, or abandon the mark altogether. And, because of the clearance search, you can make that decision before you’ve spent a lot of time and money on brand marketing, advertising, and creating goodwill.
Our Clearance Services
- Preliminary Search – We conduct a search of the U.S. Patent and Trademark Office database for any identical of substantially similar trademarks. Some firms refer to this as a “knock out” search. However, unlike a “knock out” search, we take the extra step of performing additional “common law” internet and top-level domain name searches to determine whether the mark, or a substantially similar mark, is being used in the relevant marketplace. In this way, we are able to identify additional potential conflicts irrespective of whether a federal trademark application was filed or granted, and therefore give you a more accurate indication of the availability of your proposed mark.
- Comprehensive Search – If your proposed trademark passes the Preliminary Search, the next available step is a Comprehensive Search expanded to also include information pertaining to state trademark applications and registrations, “common law” trade names and trademarks (unregistered names and marks), domain name registrations and corporate and business names. The focus of the search also expands beyond just obvious conflicts to any registered or unregistered mark that may affect the availability of your proposed mark. We have the search performed by an industry-leading company specializing in trademark searches, who prepares a report of the search results that we carefully review and analyze. We have extensive experience with Comprehensive Searches and the search companies themselves, and we bring that experience to bear in interpreting the search results and advising you on the prospects of obtaining your mark.
- Opinion Letters – With either a Preliminary Search or a Comprehensive Search, we will provide you with our analysis and conclusions either by email or telephone. However, upon request, we can provide you an opinion letter formally laying out our analysis and conclusion concerning the availability of your proposed mark.