When you are considering adopting and registering a new trademark, one of your first steps should be to conduct a trademark search.  The main goal of a trademark search is to uncover any potential conflicts that your trademark may face.  

This could potentially save you time, money and the loss of your trademark in the future.  There are two main issues that a trademark search may uncover:

1. whether a similar trademark is already owned and registered by another party for the same goods or services
2. whether someone else is already using a mark that is identical or even very similar to your mark in relation to the same goods or services 

However, not all trademark searches are created equal.  The trademark searches you choose to conduct will depend on your trademark goals and budget.  

USPTO Database Trademark Search

The U.S. Patent & Trademark Office (USPTO) maintains a searchable database of all trademarks that have been applied for and/or registered.  You can search for these marks on their website for free.  This can be a great tool to use when you are considering multiple potential trademarks because if there is an identical mark already registered for the same goods or services, it should come up in your trademark search.  

When using this tool, there are some things to keep in mind: 

• this tool’s primary function may be to help find issues that could prevent registration of your mark

• searching for your exact mark may not pull up all similar marks and a mark that is similar in sight or sound to yours can still be conflicting

• marks that cover even related categories of goods/services may be conflicting (i.e. clothing can be considered related to accessories like jewelry or handbags)

• this trademark search may not include any unregistered trademarks and would not help find any risks from someone who may have a superior claim to the same trademark and could challenge your rights in the future  

Comprehensive Clearance Search

There are several companies that maintain databases to conduct comprehensive clearance searches for trademarks.  These types of trademark searches can be vastly different from a USPTO database search in relation to the scope of information they can provide about any preexisting use of your trademark.  While each company’s trademark search options and offerings may vary, they all will provide the same information you can obtain from a USPTO database search as well as much of the following information:

• any similar trademarks that are on the USPTO database

• unregistered uses of similar trademarks across the United States

• domain name and social media uses of a similar trademark

• U.S. businesses operating under a similar name

• trademarks registered in specific state databases

This information may be useful when deciding on whether to adopt a particular trademark.  A comprehensive clearance search can flag major and minor risks of future conflict.  These risks could come with financial costs and even a possible rebrand.

A trademark attorney will conduct this type of trademark search and review and analyze the results to provide you with their professional opinion on any risks.

When adopting a new trademark, conducting a trademark search gives you the ability to make an informed decision and weigh any future risks against any benefits of choosing a particular trademark.