For businesses looking to protect their brand, a trademark clearance search is a crucial first step in the registration process. A comprehensive trademark clearance search is more than a simple database lookup — it is a in-depth investigation that can save a business from costly legal disputes and potential rebranding.

What Is a Comprehensive Clearance Search?

A comprehensive clearance search is a thorough investigation of existing trademarks and uses that could conflict with your proposed mark. Unlike a knockout search, a comprehensive trademark search delves into multiple sources to provide a bigger picture view of potential risks.

What are the Objectives of a Comprehensive Clearance Search?

The trademark clearance search serves two essential purposes:

Evaluating Registration Potential

First, it helps assess the likelihood of successfully registering your trademark with the United States Patent and Trademark Office (USPTO). By identifying existing federal trademark applications and registrations that might conflict with your mark, we can anticipate and address potential obstacles before investing in the registration process.

Assessing Marketplace Risk

Second, and equally important, the search reveals potential risks associated with using your mark in the marketplace. This extends beyond registered trademarks to include various forms of commercial use that could lead to future conflicts.

What Does a Comprehensive Trademark Clearance Search Include?

A comprehensive trademark clearance search typically includes:

• USPTO trademark database records
• State trademark registrations
• Business name registrations
• Domain names
• Social media platforms
• Online marketplaces
• General internet usage

Why Search Beyond Federal Trademark Registrations?

In the United States, trademark rights are based on use, not just registration. This means that an earlier user of a similar mark may have senior rights to your proposed mark, even without federal registration. Their “common law” rights can be sufficient in scope to prevent you from using your mark or force you to rebrand.

The Deliverables of a Trademark Clearance Search

Upon completing the search, you’ll receive:

1. A complete wordmark search report from our professional search vendor, containing raw data from all sources examined. For searches of logo/stylized marks, search reports are available if there are potentially conflicting marks found in the raw data.
2. Our detailed opinion letter that:
   • Analyzes potential conflicts
   • Evaluates registration prospects
   • Identifies usage risks
   • Provides strategic recommendations

Risk Management and Next Steps

If our search reveals significant risks, we’ll work with you to explore various options for risk mitigation, which might include:

• Modifying the mark
• Considering the scope of goods/services
• Considering alternative marks
• Developing coexistence strategies

Making an Informed Decision

A comprehensive clearance search is an investment in your brand’s future. By identifying potential conflicts early, you can make informed decisions about your trademark strategy and avoid costly disputes down the road. Discovering potential conflicts during a clearance search is far less expensive than facing a trademark infringement lawsuit or being forced to rebrand after building brand equity.