How to Check If Your Trademark Is Available

Before investing time and money into a trademark application, it’s crucial to ensure your mark is available. In this post, we’ll explain how to check trademark availability and why a professional search is essential. Knowing the availability of your mark is the first step to a successful trademark registration. A comprehensive search reduces the risk of conflicts and increases the likelihood of a smooth application process.

Why a Trademark Search Matters

A thorough search prevents:

• Potential conflicts with existing trademarks that could block your application.

• Costly legal disputes down the line that arise from unintentional infringement.

Skipping this step can result in wasted time and resources if your application is rejected due to a conflict with an existing trademark. Beyond legal considerations, ensuring your trademark is unique strengthens your brand’s identity and market presence.

Tools for Checking Availability

While the USPTO’s online database is a good starting point, it doesn’t guarantee comprehensive results. Professional tools and expertise provide a more accurate picture. These tools can uncover:

• Similar marks that could create conflicts, even if they are not identical.

• Marks registered in different but related industries, which might still pose issues.

• Pending applications that might affect your registration.

Conducting a Comprehensive Search

A professional search involves:

• Reviewing trademarks in both federal and state databases.

• Searching for unregistered (common law) trademarks that are in use but not officially registered.

• Identifying potential conflicts based on phonetic similarities, visual resemblances, or related industries.

  
  

Benefits of a Professional Search

Working with experts ensures:

• Comprehensive searches across multiple databases, including common law trademarks.

• Identification of potential conflicts early in the process, saving time and money.

• Expert advice on your trademark’s viability and suggestions for improving its distinctiveness.

  
  

Next Steps After a Search

Once you confirm your trademark’s availability, the next step is preparing and filing your application. Knowing your mark is clear of conflicts provides peace of mind and sets you up for success. Working with professionals ensures a seamless transition from the search stage to filing.

Conclusion

Avoiding conflicts is key to a successful trademark application. A professional search provides peace of mind and sets you up for success. Contact us to conduct a professional trademark search and start your application with confidence. Taking this step early helps you build a strong foundation for your brand’s future.