Trademark Searches
Conducting a thorough trademark search is a critical first step in building your brand. The purpose of a trademark clearance search is to identify whether the same or a similar mark is already in use in the same field or a closely related field. A thorough search can identity legal pitfalls before you spend time and resources on a mark that could inadvertently put your business investment at risk.
Knockout Search
A preliminary or “knockout” search identifies marks that pose a high risk to registration with the United States Patent and Trademark Office (USPTO) or legal risks for infringement. The purpose of the knockout search is to identify risk of a likelihood of confusion refusal by the USPTO examining attorney. A knockout search is recommended before you select your business name to avoid investing in a name only to find out later that another business is using the name and has registered your mark. A knockout search is a good stepping stone but it may not identify all potential issues.
Comprehensive Search
After assessing the results of your knockout search and identify strong candidates, the next step is to conduct a comprehensive search. A comprehensive search looks for conflicting marks that may have “common law” rights, which stem from use of the trademark in commerce within a specific geographic area. A comprehensive search includes a more detailed search of USPTO filings, the internet, and other registration databases.
Because of the fast-developing nature of trademark filings, knockout and comprehensive searches can have limitations. However, conducting these searching on the front end can provide greater confidence as you develop your business and your mark.