A trademark search doesn’t just protect your brand—it also strengthens your position in the marketplace. Here’s everything you need to know about why and how to perform a trademark search.
What Is a Trademark Search?
A trademark search is the process of reviewing existing trademarks to determine if your desired brand name, logo, or tagline is already in use. This includes searching federal and state databases, international registries, and unregistered marks used in commerce.
This step is essential for any business aiming to establish a unique and legally protected identity in its industry.
Why Is a Trademark Search Important?
- Avoid Legal Conflicts
Without a trademark search, you risk infringing on another company’s rights, which could lead to costly lawsuits. - Protect Your Investment
A unique trademark ensures your marketing and branding efforts won’t be wasted on a name you may have to change later. - Streamline Registration
Knowing your desired trademark is available increases the likelihood of a smooth application process.
How to Perform a Trademark Search
- Use Trademark Databases
Start with tools like the USPTO’s Trademark Electronic Search System (TESS) to check for registered trademarks. - Expand Your Search
Include state-level registries and common law marks to uncover unregistered trademarks that might conflict with your chosen name. - Seek Expert Help
A trademark attorney or professional service can perform an in-depth search and interpret complex results.
Conclusion
A trademark search is an essential first step for any business serious about protecting its brand. By investing the time to search, you can confidently build your identity and avoid legal issues down the road.