What A Trademark Search Is And Why To Conduct One Before Filing
Have an excellent idea for a logo or brand name? Before you register your trademark with the United States Patent and Trademark Office (USPTO), it’s important to conduct a comprehensive trademark search. Why does this matter?
Well, a design or brand name, even one you’ve come up with entirely on your own, may still bear a resemblance to one that’s already been registered. This isn’t a reflection on your creativity, but a needed step to ensure your trademark isn’t rejected or stalled due to possible confusion with one that already exists.
To conduct a search, you’ll need to comb through databases to ensure your design or brand name is unique enough to be approved by the USPTO. This can be done online, but for a truly comprehensive review, it’s best to seek an attorney’s help.
Search Vs. A Full Attorney Search
While the USPTO tool is available, it’s far better to enlist the help of a trademark attorney to guide you. Attorney Raphael Davis can ensure the search is comprehensive, covers every element of your proposed trademark, and finds any possible areas of risk.
For example, imagine you’ve established a small publishing company, “Ambrose Publishing", and want this to be your logo:
Your logo has a few distinct components: the circular double border, the light green pear with a brown stem and leaf, the pale pink background, the swirling white ribbon, the serif font, and your brand name itself. Every element will have to be checked against existing designs and brand names to make sure there is no capacity for confusion in the minds of the public.
This will take a while and will require a sharp eye and experience understanding what the USPTO is looking for and might flag. Furthermore, your attorney’s search will be far more comprehensive, and for the greatest chances of a successful application, it’s best to allow an attorney to handle the search for you.
What A Comprehensive Search Checks
A truly thorough attorney search can cover not only the Federal database referenced by the USPTO tool, but also state databases, common law trademarks, and international trademarks. This is important, as you don’t want your trademark to create confusion with local registered designs and face rejection, or find yourself unable to do business abroad.
Remember, a truly comprehensive search covers everything the USPTO will review, and you’ll want to be sure to spot anything that would raise concerns for a reviewing trademark attorney.
Allowing Raphael Davis to handle this pre-application search for you minimizes the chances of an initial office action letter based on design similarity.
Details matter here, and the USPTO’s own review will be far more comprehensive, exacting, and specific than most entrepreneurs realize. Give your application the best chance of a smooth, problem-free approval and let a legal authority handle the search for you.
Your Attorney Opinion Letter
Next, your attorney will formulate an opinion letter to detail the results of their search and their perspective on how registrable your design or brand name is.
In his letter, Raphael Davis will share the proposed trademark you asked him to evaluate, any prior trademarks that may cause a conflict with your own, the level of distinctiveness your design carries, and whether, in his professional opinion, the likelihood of your application being approved by the USPTO, identify potential obstacles, and help you understand the level of risk associated with your trademark application before investing time and money in the registration process.
He’ll also point out any risks as far as design similarity, allowing you to alter your logo or brand name to improve its obvious uniqueness. While the opinion letter won’t accompany your application, it will provide a professional, detailed assessment of your proposed trademark’s strengths, distinctiveness, and registrability.
What Happens After Your Search
After your trademark search has determined a strong likelihood of design or brand name acceptance, you can move forward with the application. It’s best to allow your attorney to help with this process, as the trademark application will require care, precision, and detail to ensure a positive review.
The USPTO will conduct its own search as they review your trademark application, and allowing your attorney to cross-check everything the USPTO has access to ahead of time can save you months of waiting. Keep in mind, the average application acceptance wait time is 6 to 12 months without delays.
Letting Raphael Davis take the time to conduct a search for you ensures this search is comprehensive, covers all applicable databases, and frees your application to move forward with greater confidence, no matter where you are in the United States.
Frequently Asked Questions
A: While you can certainly use the online search tool to conduct your own search, this option only scours federal databases, not state, common law, or international databases. Allowing an attorney to conduct a more thorough search helps get your application off to a positive, better-protected start.
A: Your proposed brand name, logo, and its design, colors, fonts, configuration, and motifs will all be considered and compared to existing designs. When an attorney conducts the search, every element will be compared separately and together to make sure any possible confusion with existing trademarks is seen and noted in their opinion letter.
A: Your attorney’s opinion letter is a private legal letter to you, outlining their findings, noting any areas of concern, and detailing their opinion on how registrable your trademark proposal is. This letter will then give you the opportunity to adjust your design or brand name to make it more distinct.
This letter won’t be included in your application, but can give you a better sense of how successful your application is likely to be and what changes, if any, should be made.
Unsure Where To Start Your Trademark Search? Call Raphael Davis Today
No matter where you are in the United States, trademark attorney Raphael Davis can conduct a thorough, careful search of federal, state, common law, and international databases for you. Don’t leave the pre-application search to chance; let an accredited, professional authority be of help.