Trademark search
A trademark search, conducted through the trademark electronic search system, is an important first step in the registration process. It involves searching existing registered trademarks to ensure the one you want to use isn't already taken. It's also a way of checking for a potentially conflicting trademark—a trademark that's similar to the one you want to use. We offer a trademark search that checks existing trademarks and pending applications on federal and state levels, as well as for common law use and online appearances.
Why is a trademark search important?
Have an idea for that perfect name or symbol? Before you start putting it on all your business collateral, it’s best to perform a trademark search. Conducting a trademark search is crucial for several reasons:
- Prevents infringement: It helps ensure that your trademark does not infringe on someone else’s rights, which could lead to legal disputes and financial liabilities.
- Secures branding: Confirming the availability of a trademark secures your branding efforts, ensuring that you can build a unique identity for your business without conflict
- Saves resources: Identifying potential conflicts before applying for a trademark. registration saves time, effort, and money that would otherwise be spent on a problematic application.
How to conduct a trademark search
If you plan to do a trademark search yourself, here’s a basic outline of how to conduct one.
- Classification of goods and services: Check that there are no identical or similar trademarks registered under the same class of goods or services you plan to use your mark for. This involves looking at the Nice Classification, which organizes different types of goods and services for trademark purposes.
- Phonetic similarities: Pay attention to how the mark sounds when spoken. Trademarks that sound similar, even if spelled differently, can be seen as too alike, which could lead to potential issues.
- Visual appearance: Look at the design elements of existing trademarks, including their layout, font, and graphics. Visual similarities might make two marks look too similar to consumers.
- Conceptual meaning: Think about what the trademarks mean or suggest. If they convey a similar idea or message and are in the same industry, they might be considered too close.
By looking into these details, you can better understand the potential risks of trademark infringement and take steps to avoid them. This careful approach not only keeps you legally safe but also helps in crafting a unique and robust brand identity.
Trademark search FAQs
What should I look for in a trademark filing or search?
You should look for any existing marks identical or similar to yours in both the class of goods and services they cover and their phonetic sound, appearance, and meaning.
Can I conduct a trademark search by myself?
Yes, you can initiate a trademark search yourself using various online federal trademark databases such as the USPTO’s website. However, it might be wise to consult a trademark attorney for a comprehensive search that includes common law and unregistered marks. Additionally, LegalZoom provides trademark search services, saving you the effort of finding out if someone has registered a trademark similar to yours.
How often should I perform trademark searches?
It’s wise to conduct an initial search before using or applying for a new trademark. Afterward, periodic searches are beneficial to monitor new applications that might be similar to yours and could potentially infringe on your trademark. If you want to avoid the hassle of monitoring your trademark, LegalZoom offers services that will help monitor new trademark applications that could infringe on your existing trademark.
How LegalZoom can help
LegalZoom offers comprehensive trademark search services to help ensure your business’ branding efforts are secure and legally sound. With tools for conducting detailed searches and access to professional legal advice, LegalZoom can guide you through the trademark search process, assist with filing a trademark application, and provide ongoing monitoring to protect your brand identity.