Trademark Search
A trademark search can be performed prior to filing an application for a federal trademark registration. This is often referred to as a trademarkability search. This enables an applicant to identify existing marks that might prevent the applicant from receive a registration. It is advised that an applicant conduct a trademarkability search prior to filing an application for a federal trademark registration.
- A basic trademark “knock-out” search typically includes review of the U.S. Federal Trademark Database, searching for direct matches, similar marks, close matches, and phonetic equivalents.
- A comprehensive trademark search typically includes all items of the basic trademark “knock-out” search and additionally includes a search of state trademark databases and a search of top level internet domain names (.com, .net, .org). A comprehensive trademark search can include a common law search that includes review of business names in telephone directories and other business directories.
Dependent on the results of a trademarkability search, an applicant can determine to proceed with an application or to seek an alternative trademark.
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