You may be asking “what is a trademark search?”

You cannot register a trademark if the name or design is identical — or sometimes even similar to — an existing trademark. The US Patent and Trademark Office (USPTO) uses the term “confusingly similar” and will reject your application if it believes it is confusingly similar to another trademark. If the USPTO refuses your application on this basis, they won’t give you a refund and you will have likely wasted several months.

That’s why a good trademark attorney will conduct a “trademark search” before submitting your application. This process includes searching government databases and even the internet for marks that the attorney believes might be considered “confusingly similar” by the government. At Trademark To Go, we perform a trademark search before submitting any application. We then put the results and our legal analysis in a short memo and call you to discuss the results and your options. You should never use a trademark filing service run by non-lawyers, as they cannot legally interpret or advise you as to the results of a trademark search.

Keep in mind that a trademark search can’t guarantee whether your mark will or won’t be accepted by the USPTO. Rather, all we can do is predict the likelihood of success. However, if we discover that your proposed trademark is identical or too similar to an existing one, we can form a strategy to overcome to problems.

Ready to file your trademark and protect your business?

We may it easy with our five-step process. Call us at (888) 421-0589 or click here to get started!

images