How to Conduct a Trademark Search Before Filing: A Step-by-Step Guide

If you're thinking about filing a trademark application for your business, it's important to conduct a trademark search beforehand to ensure that your desired trademark is available and doesn't infringe on the rights of any existing trademark holders. A trademark search can help you avoid costly legal disputes down the line and can give you peace of mind knowing that you've done your due diligence. In this blog post, we’ll provide a step-by-step guide on how to conduct a trademark search before filing.

Step 1: Identify the goods or services

The first step in conducting a trademark search is to define your search criteria. You’ll want to identify the specific goods or services that your trademark will be used to identify. This will help you narrow down your search and ensure that you're looking for trademarks that are similar to yours.

Step 2: Use the USPTO's trademark search database

The United States Patent and Trademark Office (USPTO) maintains a database of all registered trademarks and pending trademark applications called TESS (Trademark Electronic Search System). You can use TESS to search for trademarks that are similar to yours by searching by keyword, owner name, registration number, or serial number. Make sure to select the appropriate search fields based on your search criteria.

Step 3: Search other databases and sources

In addition to the USPTO’s database, there are other databases and sources that you can use to conduct a trademark search. For example, you can search state trademark databases, business name databases, and domain name databases. You can also conduct a general online search to see if there are any unregistered trademarks that are similar to yours. Keep in mind that unregistered trademarks may still have common law rights, so it's important to take them into consideration.

Step 4: Review your results

Once you've conducted your trademark search, you’ll need to review your results. Look for any trademarks that are similar to yours and that cover similar goods or services. You'll also want to look for any conflicting trademarks that could pose a problem for your registration.

Step 5: Determine if your trademark is available

Based on your trademark search results, you'll need to determine if your trademark is available for registration. If there are no conflicting trademarks and your trademark is not likely to be confused with any existing trademarks, you should be in good shape. If there are potential conflicts, you may need to adjust your trademark or consider pursuing a different mark.

 

Conducting a trademark search before filing is an important step in the trademark registration process. By identifying your goods or services, using the USPTO's database, searching other databases and sources, reviewing your results, and determining if your trademark is available, you can increase your chances of a successful trademark registration and avoid costly legal disputes down the line. Intellectual Property Essentials can help guide you through this process.

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