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  • Writer's pictureTamara Pester

WHAT IS TRADEMARK SEARCHING?

Updated: May 8, 2023


Attorney doing Trademark Search.

A key step in securing your brand identification is conducting a trademark search. A thorough trademark search assists you in avoiding costly legal conflicts, regardless of whether you're launching a new product or beginning a new company. This article covers the value of trademark searches and provides some essential advice for doing a successful search.


A trademark search involves searching existing trademarks to determine whether there are any conflicting marks that could prevent your mark from being registered or used in commerce. This search can be done using various databases, including the USPTO’s Trademark Electronic Search System (TESS), which is the official database of registered and pending trademarks in the United States.


Why is trademark research essential?


Trademark searching is important for several reasons. First, it helps you avoid infringing on someone else's trademark, which could result in costly legal disputes and damage to your brand reputation. Second, it helps you identify potential conflicts early on, so you can make informed decisions about your brand strategy. Lastly, by detecting possible objections and supplying proof of a strong brand identity, it can help you enhance your trademark application.

5 Key tips for conducting an effective Trademark Search

5 Tips for Conducting an effective trademark search

Here are some key tips for conducting an effective trademark search:

  1. Hire a trademark lawyer: While it is possible to conduct a trademark search on your own, hiring a trademark lawyer at the outset can ensure that the search is thorough and that all potential issues are identified.

  2. Conduct a comprehensive search: A comprehensive search should include searches of federal and state trademark databases, common law trademarks, domain names, and social media handles. This will help you identify potential conflicts across all channels and ensure that your brand is protected.

  3. Consider variations: When conducting a trademark search, it's important to consider variations of your trademark, including misspellings, plurals, and synonyms. This will help you identify potential conflicts that may not be immediately apparent.

  4. Review search results carefully: Once you have conducted your trademark search, it's important to review the results carefully and consider any potential conflicts. This may include reviewing trademark applications and registrations, as well as common law trademarks.

  5. Consult with a trademark lawyer: If you identify potential conflicts during your trademark search, it's important to consult with a trademark lawyer to determine the best course of action. This may include modifying your trademark, pursuing legal action against an infringer, or choosing a different mark altogether.

In conclusion, a thorough trademark search is an essential first step in securing your brand's identity. You can defend your brand against infringement and make wise judgments about your brand strategy by acknowledging these important recommendations and collaborating with an experienced trademark attorney.



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