Is your chosen trademark available for use? Before adopting a new trademark, it is vital to conduct a comprehensive search to make sure no one else has already adopted a “confusingly similar” mark.
Trademarks serve as indicators of source. While trademarks can grow to become highly valuable assets, the federal trademark statute was originally intended to protect consumers from confusion and deception in the marketplace. As a result, the law prohibits companies from adopting “confusingly similar” marks for related goods and services. Not only can adopting a confusingly similar trademark result in denial of registration with the U.S. Patent and Trademark Office (USPTO), but it can also lead to trademark infringement litigation.
To avoid adopting, and investing in, a trademark that your company cannot protect and that may give rise to allegations of infringement, it is necessary to conduct a comprehensive trademark search. Ideally, this search should be conducted as early in the process as possible—before plans to use the mark are solidified and before any marketing dollars are spent. At AdamsIP, we work with our clients to efficiently conduct trademark searches, and we ensure that the scope of each search is sufficient to identify marks that may serve as bars to use and registration.
Our Trademark Search Process
At AdamsIP, we take a systematic approach to helping our clients determine if their proposed trademarks are available for use. Here is what you can expect when you request a trademark search from us:
1. Identifying the Mark(s) and Associated Goods or Services
First, one of our trademark lawyers will work with you to identify the trademark (or trademarks) that should be searched. If we see any immediate concerns based on our prior experience, we will let you know. We will also work with you to clearly identify the goods and/or services that you wish to have associated with the mark, as this will determine the scope (and cost) of the search that needs to be conducted.
2. Conducting a Preliminary Clearance Search
Once we have established the parameters of your trademark search, we will then conduct a preliminary “knockout search” before ordering a full search report. If there are any clear and obvious bars to registration, this will allow you to avoid the cost of ordering a full report when one is not necessary.
3. Ordering and Examining a Thorough Trademark Search Report
If our preliminary clearance search does not identify any obvious issues, then we will order and examine a thorough trademark search report. This report will be specific to your company’s proposed trademark (or trademarks) and the associated goods or services. If desired, we can provide you with a trademark opinion as well.
Inquire about a Trademark Search with AdamsIP
If your company is preparing to adopt and register a new trademark, conducting a comprehensive trademark search is a key early step in the process. To inquire about a trademark search with AdamsIP, please call 251-289-9787 or contact us online today.