Discover how to effectively search for trademarks and protect your brand's identity. Follow our step-by-step guide to navigate the trademark search process with confidence.
Starts at $0 + state fees and only takes 5-10 minutes
Trademarks play a vital role in protecting your brand’s identity and helping your business stand out in the marketplace. To help ensure your desired business name isn’t already trademarked, it’s crucial to perform a trademark search. This article will guide you through the trademark search process.
Conducting a trademark search is a pivotal step in the trademark registration process. It serves as a safeguard, helping you identify potential conflicts with existing trademarks, which can ultimately save you significant time and money. By performing a trademark search, you can help ensure that your proposed trademark is unique and not too similar to existing trademarks. This is crucial because the United States Patent and Trademark Office (USPTO) will reject a trademark registration if it closely resembles an existing live trademark.
Moreover, a comprehensive trademark search goes beyond just the federal level. It delves into state databases and common law sources to uncover any unregistered trademarks that might pose a conflict. Common law rights are the rights a business has to use a trademark even if it isn’t registered with the USPTO. Identifying these potential conflicts early on can help you avoid costly infringement lawsuits down the line.
In essence, a thorough trademark search not only helps in securing your brand’s identity but also provides peace of mind by minimizing the risk of legal challenges. By investing in a comprehensive trademark search, you are taking a proactive step toward protecting your brand and ensuring its long-term success.
There are several types of trademark searches, each serving a different purpose in the quest for brand protection.
A federal trademark search focuses on identifying registered trademarks at the federal level in the United States Patent and Trademark Office (USPTO) database.
A state trademark search identifies trademarks registered at the state level, providing information on trademarks that may not be registered federally. State trademarks apply only within the borders of a state.
A preliminary trademark search, also known as a basic trademark search, is an initial, basic search conducted to identify any obvious conflicts with existing trademarks.
A comprehensive trademark search is an in-depth search that includes federal and state databases, common law sources, and potentially international trademark databases. A comprehensive trademark search includes a common law search to identify unregistered trademarks that might pose a conflict.
Related: Copyright vs. Trademark: What You Need to Know
Before delving into a comprehensive trademark search, begin with a preliminary search using online databases, search engines, and trademark office databases. For federal trademarks, consult the USPTO’s new Trademark Search system, which replaced the Trademark Electronic Search System (TESS) on November 30, 2023. The USPTO’s new Trademark Search system includes a search builder feature that helps users formulate advanced searches.
State-level databases should be used for state trademarks, and most states offer online searchable databases for this purpose.
A comprehensive trademark search typically involves hiring a trademark attorney or search firm to conduct a thorough search of federal, state, common law, and possibly international trademarks. This step ensures that you’ve covered all possible conflicts and helps minimize risks associated with trademark infringement.
Utilizing entries from the Trademark ID Manual can help determine filing fees based on the descriptions used for goods and services. Additionally, the World Intellectual Property Organization’s (WIPO) Global Brand Database is a valuable resource for international trademark searches.
However, be aware that a comprehensive trademark search can be an expensive and lengthy process; not all small businesses will want to or can afford to conduct a search of this scope.
After completing the search, analyze the results to identify potential conflicts with existing trademarks. Assess the strength of your proposed trademark and determine if modifications are necessary to avoid infringement.
Once you’re confident in your trademark’s uniqueness, you can proceed with the trademark registration process. Registering your trademark offers numerous benefits, including legal protection and exclusive rights to use the mark for your products or services.
Conducting a trademark search and registering your trademark can be important steps in protecting your brand’s identity. By following this guide, you’ll be better equipped to navigate the trademark search process and help ensure the success of your business.
Recommended: How to Trademark Your Logo: A Full Guide
At ZenBusiness, we may not be able to assist you with trademarks, but our LLC formation and other services can help you start your business today, providing the support needed to launch your dream business. With our easy-to-use platform, you can focus on growing your business while we handle the red tape. Let ZenBusiness be your partner in building a strong foundation for your business’s future success.
Can I search a trademark for free?
Yes, you can search trademarks for free using the United States Patent and Trademark Office’s (USPTO) Trademark Search system, which allows you to search for federally registered trademarks. State-level databases are also available for state trademarks.
How do I check my trademark?
To check your trademark, use the USPTO’s Trademark Search system and your state’s trademark database to identify any existing trademarks similar to yours. Consulting with a trademark attorney or using a trademark search service can also provide a comprehensive search.
How much should a trademark search cost?
The cost of a trademark search can vary depending on the level of search you need. A basic preliminary search can often be done for free, while a comprehensive search conducted by a trademark attorney or search firm may cost anywhere from a few hundred to a few thousand dollars.
Start a Business in Your State
Popular States for Starting a Small Business
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 800,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
Ready to Start Your Business?
Start Your Business Today!