About Trademark Searches

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Trademark searches are not required in order to file a trademark application. However, investing in a trademark search is often helpful. Trademark searches are used to make a preliminary determination of whether a mark might be registerable. (Note: only the Trademark Office can make a binding determination of registerability. Further, a search report is not the same as an opinion of registerability). A search is merely intended to identify any other confusingly similar marks which already exist.

One reason for having a search report prepared is the time factor. It may take anywhere from 5-6 months (at a minimum) to over a year before an application works its way through the registration process in the PTO and its registerability is determined. However, a search report takes only a matter of a few days. Thus, although searches are not required by the Trademark Office, a trademark search can frequently save time and money in product marketing and promotion.

Generally, it is recommended that a comprehensive search be conducted, especially for nationally distributed goods and services. This search examines the federal and state trademark databases, as well as various common law sources for conflicting marks. Often it is also wise to include a search of company and corporate names. If the business is not expected to go beyond a particular regional area, or will not make use of internet e-commerce, or will not be a very strong mark, then more limited searches may be adequate.

For clients who are thinking about applying for trademark registration, we can help you determine the availability of a proposed trademark and whether successful registration is likely. We work daily with qualified search agents and can order a search on your behalf as a prelude to registration. A search can be tailored for a specific country, database, scope of search and turnaround time. The cost of performing a search varies according to the extent and type of the search conducted. A typical U.S. search can run anywhere between $200 and $650.

U.S. Searches. United States databases you may want to search include: 1) the federal Trademark Office records of registrations, pending applications and recently abandoned marks; 2) state trademark registrations (all 50 states plus Puerto Rico); 3) a common law reference of trade journals, industrial indexes, newspapers and periodicals, telephone directories and other databases; and 4) internet domain names.

International Searches. Comprehensive official registry and common law searches are easily available for Canada, Mexico, Great Britain, the European Union and Australia. Trademark searches for other areas of the world can also be obtained, with a slightly longer wait period and/or higher cost.

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