What is a Trademark Clearance Search?
A trademark clearance search is the process of checking if a proposed trademark (such as a brand name or logo) is already in use.
This is an essential step to take when registering a trademark as it prevents the risk of legal disputes while avoiding the cost of having to rebrand your company. In many ways, a trademark clearance search can save you money and time.
Read the rest of this article to explore what’s involved in a trademark clearance search and how a lawyer can help you simplify the process.
Why is a Trademark Clearance Search Necessary?
If you have a trademark, you should ensure that it isn’t in conflict with any other trademarks out there. There are many good reasons to do a clearance search, such as:
- It reduces your risk. Checking for any existing trademarks can help you to prevent a range of risks, such as infringement claims or legal disputes over ownership.
- It can save you money. You won’t have to scrap all the work you’ve put into developing a trademark that you won’t be able to use or which could cause legal issues.
- It helps you to file your trademark. A trademark clearance search prevents you from running into issues when you want to register your trademark, increasing your chance of a successful filing.
- It lets you use your trademark in your chosen industry. By feeling confident about your trademark quality and its uniqueness, you can use your energy and resources on other areas of brand development.
What are the Types of Trademark Clearance Searches?
It’s a misconception to think that trademark clearance searches involve a quick internet search for similar trademarks. They can, and should, be more involved. Here are some of the most common types of trademark clearance searches.
- Identical search. This is a screening search that checks for potential trademarks already taken. It looks for exact matches in a trademark database.
- Full search. A comprehensive search assesses legal risks, both on the federal and state level, to check what your risks are when using a specific trademark.
- Federal trademark search. This is a search for federally-registered and pending trademarks on the United States Patent and Trademark Office (USPTO).
- Commerce search. This involves checking for trademarks used in commerce. It can include scouring social media and the internet.
- Foreign search. This search is valuable if you want to use your brand internationally as it will search for trademarks in other countries.
Common Databases to Search
There are various databases that should be searched to ensure a trademark is unique and not in conflict with other trademarks. Some of the most popular include the following:
- USPTO Trademark Search System. This will show you federally-registered and pending trademarks.
- State trademark databases. This shows you trademarks that have been registered in a certain U.S. state.
- International databases. An example is the World Intellectual Property Organization (WIPO) that will clear your trademark across multiple national collections.
- Common law sources. This includes online stores, social media profiles, and business listings. Even if a trademark isn’t registered, it can still be present and cause confusion for consumers.
When Should You Conduct a Trademark Clearance Search?
You should conduct a trademark clearance search before you use the trademark you’ve selected, and especially before you start creating marketing materials for your brand. The sooner you choose to search for any conflicting trademarks, the better.
Can You Conduct a Trademark Clearance Search Yourself?
While you might think that you can save time and money by conducting a trademark clearance search yourself, this isn’t recommended. Although there are online tools you can use, they won’t provide a comprehensive search.
A trademark clearance search isn’t just about finding an exact trademark match. It should also look for details, such as if the trademark names sound similar or have other traits that could be confusing to consumers. It’s these nuances that can affect your brand or prevent it from gaining consumer trust.
By working with a trained eye, you can avoid any trademark mistakes that will cost you.
How Can a Lawyer Help You with a Trademark Clearance Search?
A lawyer can help you in various ways to protect your trademark and give you peace of mind when launching your brand. These include the following:
- A lawyer conducts a trademark clearance search while interpreting your risks.
- They conduct a thorough search, such as for names that sound too similar or have similar meanings.
- They check for more than just registered trademarks, such as unregistered ones, domain names, social media usage, and domain names.
- They’ll assess if the trademark search results will hamper your trademark application, such as if there’s a high risk that someone will oppose it.
- They’ll prevent costly mistakes before you file your trademark.
- They’ll suggest alternatives if their search displays high-risk results.
- They’ll help you protect your brand internationally if you’re expanding your business.
- They’ll help you with your trademark application.
By working with a qualified trademark attorney, you’ll get trademark clearance searches that are analyzed by a professional and can help you make the best business decisions for your brand.
Where to Find a Lawyer for a Trademark Clearance Search
If you need to find a lawyer to help you conduct a trademark clearance search, you might wonder where to locate a professional one you can trust. Online legal platforms have made this easier because you don’t have to spend time researching law firms in your location.
On ContractsCounsel, one of the largest online legal marketplaces where you can connect with more than 1,000 vetted lawyers on the platform, you can search for the best trademark lawyers to help you with developing your brand. The platform provides extensive research to help you choose the best lawyer for your legal requirements, such as their level of experience, previous projects they’ve worked on, their expertise, and client ratings.
