How To Do A Trademark Search? 5 Steps To Success
- 1.1 Consult A Professional
- 1.2 Identify The Purpose And Scope Of The Search
- 1.3 Search The USPTO Trademark Database And Other Public Databases
- 1.4 Review Industry Sources And Trade Directories
- 1.5 Check For Common Law Trademarks And Domain Names
- 1.6 Analyse The Results And Determine The Availability Of The Trademark
Do you want to know how to do a trademark search? A trademark search is an important step in setting up a trademark for your business, and you can pursue it in multiple ways.
With the information provided here, you’ll have all the necessary tools and knowledge to get started. So don’t wait any longer – let’s get into our five steps to success!
How To Do A Trademark Search? 5 Steps To Success
Consult A Professional
Contacting a professional is the easiest way to get started with any trademark search.
You don’t always need to do this in person. Many online legal services, such as those offered by Clarivate and other reputable online legal firms, can help you to get the advice you need much more quickly than if you were to do it yourself.
Professional help can make your search simple and effective, using specialist software to check various databases so you don’t have to do this manually.
Although employing a trademark search professional may be expensive compared to doing it yourself, the time it can save you and your business is significant – allowing you to focus on other areas of your operation.
Hiring a professional is the easiest way to research and obtain a trademark. However, if you would rather learn to search for yourself, read on!
Identify The Purpose And Scope Of The Search
Identifying the purpose and scope of your trademark search is essential for a successful outcome. You need to determine what kind of mark you want to protect, where it will be used geographically, and how much research needs to be done.
Ask yourself: What product or service do I plan on selling?
Do I need to register my brand name in more than one country? How many similar marks are there already out there? Answering these questions will help you identify the specific parameters of your search.
Once you have determined the purpose and scope of the search, it’s time to start researching.
Search The USPTO Trademark Database And Other Public Databases
Having identified the purpose and scope of your search, it’s time to start. You can begin by searching the USPTO trademark database as well as other public databases for existing trademarks that are similar to yours.
This is an important step because you need to ensure that there isn’t already a trademark before filing for one yourself. Here’s how:
- Search the USPTO Trademark Database.
- Enter words or images associated with your potential mark into the search bar.
- Take note of any results that appear similar to what you have in mind.
- Search Other Public Databases.
- Conduct an internet search using keywords related to your potential mark
- Check business directories, corporate registries, domain name registries, social media sites, etc., for existing marks owned by others that could be confused with yours if registered.
By conducting thorough searches of the USPTO trademark and other public databases, you can determine whether there might be any conflicts between your proposed mark and another existing one—and take appropriate action from there.
Review Industry Sources And Trade Directories
Reviewing industry sources and trade directories when conducting a trademark search is important. These can help identify similar or identical trademarks already registered in the same class of goods or services as your own.
Research online databases and websites such as Trademarkia, USPTO TESS Database, and WIPO Global Brand Database for relevant information. It would help if you also looked through published materials like magazines related to your product sector.
Finally, contact professional organisations and associations related to your type of business. Ask them if they know of any existing marks that could conflict with yours. All this research will give you an overview of the current state of the market so you can make sure you pick a unique trademark for your product or service.
Check For Common Law Trademarks And Domain Names
The first step in a trademark search is to check for existing common law trademarks and domain names. Businesses have used common law trademarks but have yet to go through the official registration process with the government. Domain names, on the other hand, are registered website addresses.
To begin your search, you should:
- Look up any potential marks or domains related to your proposed mark in USPTO records.
- Search online databases such as Trademarkia and Justia Trademarks for unregistered marks or domains similar to yours.
- Check business directories like Yelp and Google My Business for established companies using similar marks or domain names.
- Check internet forums and message boards to see if anyone has discussed using a similar mark or domain name.
Once you’ve completed these steps, you can proceed with filing an application for your trademark or registering a new domain name without fear of infringing upon someone else’s rights.
Analyse The Results And Determine The Availability Of The Trademark
Once the trademark search has been conducted, a comprehensive analysis of the results should be carried out.
This process includes evaluating whether there is any direct conflict with registered trademarks or applications for registration in similar goods and services. It’s important to note that if an identical mark exists, another person cannot use it, even if it relates to different goods and/or services.
Additionally, if there is a likelihood of confusion between two marks due to their similarity, this could also present problems when registering your proposed mark. A thorough assessment needs to be made of other related trademarks to determine how they may affect your desired trademark’s potential use and registration.
After conducting such research and assessing all available information, you can make an informed decision on the availability of the brand name or logo you wish to register as a trademark.
Time To Register!
In conclusion, a trademark search is an important part of the process when considering registering a new mark.
To ensure success and avoid potential problems, you must do your due diligence by taking the time to research any existing trademarks or common law marks. Ultimately, understanding how to conduct a comprehensive trademark search will help protect you and your business from costly issues in the future.
You can rest assured that your mark is safe and secure if done correctly. So take some time now to get started on your trademark search!