What You Should Know About
Trademark Searching
Your desired trademark may be declared unregistrable for a variety of reasons, but one of the most common – and alarming – is that another party is already using the same or a similar mark to sell the same or similar goods/services. A trademark search aims to uncover these conflicts, and the earlier you do so, the better. Delayed discovery can subject you to marketing expense losses, rebranding costs, litigation, infringement damages, and more. Time is money.
A.T. Farmer Law strongly recommends that you complete one of the below.
Comprehensive Search
The gold standard. A search report generated by commercial software and reviewed by Andy. While guarantees of non-infringement are not achievable – for example, it’s effectively impossible to find an unregistered, smalltown shop with no internet presence – commercial tools use numerous government- and privately-curated databases, AI tools, and more to dredge up results even semi-related to your proposed mark. Therefore, comprehensive searches are as close as you can get to complete clearance of your mark.
Basic Search
A search of the USPTO mark database and Google for exact and near matches. Know that this search cannot fully clear a mark. State and common law/unregistered marks will not be in the USPTO’s mark database and internet searches can be fickle.
Do It Yourself
Understandably, some clients do not have the resources to pay for a search on top of other fees. If this describes you, the USPTO’s website has several resources that can help you perform your own (TESS, TESS TIPS, Searching Instructions).
[A tip from Andy: I recommend pairing a DIY search with my Trademark Coaching Session service, which will provide you with some of the basic knowledge needed to interpret your results. Plus, since I will apply the entire amount to one future application filing, you effectively receive it for free.]
Note that a DIY search is inadvisable if you have the resources to pay for another option. The USPTO database is clunky and unintuitive, so you run the risk of improperly performing your clearance search (particularly if you are searching a design mark). Further, trademark law is nuanced, so it can be difficult to interpret your results.