USPTO TRADEMARK SEARCH

A Basic Trademark Clearance Search helps to determine if a particular mark is being used by someone else. This helps to reduce the risk of potential conflicts and litigation down the road.

WHAT DOES A BASIC TRADEMARK SEARCH DO?

SUMMARY
THE COMPONENTS OF A BASIC SEARCH
A Basic Search involves the exploration of:

The USPTO Principal Register
The applicable state Trademark database
A general search for obvious non-registered users
YOUR NEXT MOVE AFTER A BASIC SEARCH
A Basic Search is then followed by an attorney review of the materials and an opinion of the overall risks and general Trademark-ability.
WHAT YOU NEED TO KNOW
THE BEST TIME TO PERFORM A SEARCH
A Search is best performed before deciding to use a certain name or filing for a Trademark registration.
THE LIMITS OF A BASIC SEARCH
A Basic Trademark Clearance Search will not find everything out there. It is simply a tool to reduce the risk of obvious conflicts.
THE LIMITS TO TRADEMARK REGISTRATION
You cannot register a mark that is generic, merely descriptive of your goods or services, even if no one else has a registration.

ALSO SEE

USPTO TRADEMARK

INTL. TRADEMARK

FREQUENTLY ASKED QUESTIONS

A Basic Clearance Search provides a review of the registered Trademarks and pending applications that are similar to yours both phonetically and in overall appearance. The Basic Clearance Search is helpful in finding obvious and direct conflicts that may prevent the registration of your proposed mark, or cause potential disagreement with another party down the road.

The length of the process can vary. Once filed, an application is typically assigned to an Examining Attorney within approximately 3 months. If no conflicts are found and if no third-party protests or opposes the registration, then it is feasible for a registration to be issued 4-6 months after that. Therefore, at a minimum, the registration process will require 7-9 months, but it can require much more time (possibly years) if the Examining Attorney issues a refusal or if a third-party files an opposition to the application.

Maybe. This will truly depend on the pre-existing registration, including similarity of that mark to yours, similarity of the goods or services, the willingness of the registrant to take action against you, in addition to a multitude of other factors. It is important to understand that if you use a trademark that is already registered by someone else, you do so at your risk.

 

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