Understanding Trademark Searches

A trademark search provides information on any registered or unregistered trademark or service mark. Such information may show any similarities that exist between a trademark in the system and the one under review by the searcher. The search indicates whether the trademark is in use in the country or any part of the world. Furthermore, the search determines whether the proposed trademark would pose any confusion with an existing one if it were to be used on goods and services. 

Importance of a Trademark Search 

Trademark searches will save you time and money. As an example, suppose there’s a trademark already in use by company A. You’ve come up with its equivalent. You’re unaware of the striking similarities that your trademark bears to the one from Company A. Your products have hit the market and are doing quite well. However, Company A discovers that you’re infringing on their trademark and files a trademark lawsuit against you. A simple search may have prevented this from happening, since you’d be aware of the similarities that existed in your design. Since you failed to carry out a search you must now hire a lawyer and pay legal fees which you had not anticipated. 

Resources Used in a Trademark Search

When conducting a trademark search resources such as the federal trademark register; pending trademark applications; state trademark applications; state trademark applications; publications with relevant product and service names and the Internet can be used. The federal trademark register contains all trademarks and service marks that have been approved. Pending trademark applications contains all filed trademarks and service marks applications. Publications with relevant product and service names consist of print directories of commercial names; trade magazines; and electronic databases of product and service mark names being used in the United States or in fields such as computers or biotechnology. 

How to Find Trademark Search Resources

Most trademark search resources are available online and are free of charge. There are some resources that can be accessed through special databases or other membership based sites for a fee. If you’re unable to pay a fee, you can still conduct a valid search by using workstations and print collections. These can be found in the the Patent Trademark Depository Libraries. 

Levels of Trademark Searches

There are three levels of trademark searches. These include direct-hit searching, analytical searching, and comprehensive searching. Direct-hit searches look for any similarities between your proposed mark and one on the federal trademark register. This is a vital aspect of your search as it helps to prevent any future problems of trademark infringement. In addition to saving you the hassle of any potential lawsuits, direct-hit searches will determine whether it’s worth proceeding with a federal trademark application. Analytical searches are ideal for businesses that are seeking to open regionally or nationally. If your business has a distinctive name, then a thorough search of the federal trademark register will be appropriate in this situation. 

For businesses with less distinctive names, a direct-hot search may be suffice. Bear in mind, that you may run the risk of having a previous user emerge with a similar trademark. In such a case, be prepared for any legal action that may be taken against you. Comprehensive searches are a combination of direct-hit and analytical searches of the federal trademark register. Additionally, resources such as proprietary online databases, trade directories, and electronic telephone directories may also be used in the search.

About the Author

Cattleya Preston is a content writer of Patexia - an online IP community, patent search, prior art search, and prior art search that offers the access to information which pertains to patents, patent lawsuit, patent mentions to publications and other important searches that can be helpful for a successful patent grant. He is also a follower of @Patexia and a liker of Patexia's Facebook Page.