Performing a trademark search prior to filing an application is critical as you can avoid filing an application that may be problematic. We perform comprehensive US and foreign trademark searches. Our searches go beyond simply providing a search report. Our searches include a follow up consultation with a trademark attorney to discuss the search results and to dig into the prosecution history of the results. For example, knowing if a problematic mark has received an office action or will issue soon could impact the adoption of a trademark.
Is it Necessary to Conduct a Trademark Search?
Conducting a trademark search is one of the most important steps, if not the most important step prior to the commencement or launch of your brand. The search will first determine the likelihood of success in getting a trademark with the United States Patent and Trademark Office (USPTO). Further, we determine if there are similar preexisting registrations or pending applications that can pose as a problem in the acquisition of your proposed trademark. The search will also shed light on whether the prior trademark holders may attempt to oppose your trademark even if the USPTO is inclined to grant your application.
It is critical to know in advance if there are superior trademark right holders. If so, we can advise you if it is unwise to proceed with the trademark so as to avoid a rejection from the USPTO in future, and more significantly to advise you if you may be infringing on others so as to avoid a potential trademark infringement lawsuit. So prior to expending significant amounts of money on brand marketing, advertising, and creating goodwill, conducting a trademark search will provide us with the information necessary to advise you regarding the use of your proposed trademark.