Trademark searches ensure your brand, product, or service name is unique and legally safe. Most brands tend to skip this and then end up paying costly legal fees and eventually needing to rebrand entirely. Here’s a simple guide to walk you through the process.
Why Should You Do a Trademark Search?
Because it saves you from a ton of future headaches, imagine putting all your effort into building a brand, only to find out later that someone else already owns the trademark for the name you’re using. That could mean lawsuits, expensive legal fees, and, worst of all—having to rebrand completely.
How to Do a Trademark Search
Here’s a detailed guide to walk you through the process:
Step 1: Start With a Quick Online Search
First, determine what you want to trademark. This could be your business name, product name, logo or design, or a tagline or slogan. Do a simple Google search of the name. If you’re going to be creating a website, check on GoDaddy or Namecheap if the domain name and web address are available. Check social media platforms as well. Smaller brands might not show up on Google but might show up on Instagram, Facebook, or TikTok.
Step 2: Search the USPTO Database
The United States Patent and Trademark Office (USPTO) maintains a searchable database called the Trademark Electronic Search System (TESS). It’s free to use.
Here’s how to navigate it:
- Go to the USPTO website and navigate to the TESS search page.
- Choose your search method. Select from basic word search or structured search.
- Input the name, phrase, or keywords you’re searching for.
- Look for identical or similar trademarks. Pay close attention to spelling variations, phonetic similarities, and related goods or services.
Step 3: Search State Databases
Federal trademarks aren’t the only ones to worry about. Some businesses register trademarks at the state level. Check the trademark databases for the state(s) where you plan to operate. Each state has its process, so just Google “[state name] trademark search,” and you should find the right tool.
Step 4: Analyze Similar Trademarks
If you find a trademark similar to yours, evaluate whether it poses a legal risk. Consider:
- Would customers confuse the two marks?
- Are the marks used for the same type of goods or services?
- Is the similar trademark active, abandoned, or pending?
If the similarity is significant, we highly recommend choosing a new mark.
Step 5: Seek Professional Help
Trademark searches can be complex. If you’re unsure about the results, consult a trademark attorney. They can provide a detailed analysis of your search, identify potential conflicts, and advise on the next steps, including helping you file for trademark registration.
Step 6: Keep Records of Your Search
Document your search process and results. This will be helpful if you ever need to prove you did your due diligence or if you need to consult an attorney. Keep records of:
- Keywords and terms you searched.
- Databases and resources you used.
- Screenshots or notes from relevant findings.
Step 7: Decide and Take Action
If your name looks clear, great! The next step is to file your trademark application. If there’s a conflict, it’s better to change your name.
Summary
Take your time with this process. If it feels overwhelming, go ahead and ask for professional help. MC & J Law is a copyright law firm in Orlando. We can help secure your businesses and protect your trademarks. Reach out to us today!