We offer a range of search options to help you determine if your trademark is available for use in the marketplace and for registration. Our search options vary from simple to complex according to the sources we search and the target of our search. The type of search that is appropriate for you will depend upon various factors, such as your budget, your advertising and marketing goals, the industry in which you sell your product or service, and the nature of your trademark. Although conducting a simple search is better than none at all, the greater the complexity of the search, the more you minimize the risk of infringing another person's trademark.
All searches are accompanied by our legal opinion in which we analyze the search results and assess the legal barriers to the use and registration of your trademark.
PRELIMINARY SEARCH OF THE TRADEMARK REGISTER
Sources Searched: trademark registrations & pending registrations
Target of Search: identical or nearly identical trademarks
Also known as a "knockout search", this preliminary search looks at the federal trademark register to identify any registered trademarks or trademark applications that are identical or nearly identical to your trademark.
COMPREHENSIVE SEARCH OF THE TRADEMARK REGISTER
Sources Searched: trademark registrations and pending registrations
Target of Search: confusingly similar trademarks
This comprehensive search looks at the federal trademark register to identify any registered trademarks or trademark applications that are not only identical or nearly identical to your trademark, but also confusingly similar to your trademark in terms of appearance, sound and meaning.
This search is a better trademark protection tool than the knockout search because identical or nearly identical trademarks are not the only obstacles to using or registering your trademark. In a dispute between competing trademarks, the courts and the Trade-marks Office will apply the legal test of "confusion" — i.e. is it likely that a consumer would think that the products or services associated with the two trademarks come from the same company? — which is a broader test than whether the trademarks are identical or nearly identical. Our legal opinion accompanying the search results will analyze the likelihood of your trademark causing confusion with any trademarks identified by the search.
FULL AVAILABILITY AND REGISTRABILITY SEARCH
Sources Searched: trademark registrations & pending registrations; corporate & business name registries; telephone & trade directories; domain name registries
Target of Search: confusingly similar trademarks, corporate & business names and domain names
This full availability search is similar to the comprehensive search in that it looks for registered trademarks or trademark applications that are identical, nearly identical or confusingly similar to your trademark. But it goes a step further by scanning "common-law sources" — i.e. corporate and business name registries, telephone directories, domain name registries — to find unregistered trademarks, business names or corporate names that are identical, nearly identical or confusingly similar to your trademark.
The addition of a common-law search component is useful because it covers additional ground in decreasing the likelihood of being sued for passing-off by owners of unregistered trademarks, business names, or corporate names. It is also useful for those who want to register their trademarks since owners of unregistered trademarks, business names or corporate names who have prior rights can suddenly appear out of the woodwork to challenge your trademark at the opposition stage of the application process or to attack your trademark even after it has been registered.
[Why Search Your Trademark?][The Timing of Your Trademark Search]