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Searching and Clearance

There are three reasons to perform a search before adopting your trademark:

  • To reduce the risk of an unexpected objection to your use of a mark,

  • To permit you to assess the breadth of your potential trademark rights, and

  • To decide whether you could federally register your trademark.

In most instances, the best approach is to first do a preliminary trademark search of the U.S. Patent and Trademark Office database. You can do this yourself at USPTO Trademark Electronic Search System. While this database has its blind spots, and you should search all possible spellings for your mark (symbol, simbol, simbowl, etc.), doing a preliminary search can eliminate marks that are "taken" without the expense of a full search.

WARNING: A preliminary or "knock-out" search should not be used to determine the availability of a mark, but rather should only be used to eliminate a potential mark from further consideration. In other words, a preliminary search can only answer the question, "Would a full search for this mark be a waste of money?"

The next step is to order and review a full trademark search, if no obvious obstacles to your proposed mark are identified in the preliminary search. We receive a volume discount from our trademark search company and pass that on to our clients.

Evaluating a full search is where we can bring our experience to bear. We will review the trademark search and give our opinion about whether your proposed mark is available and can be federally registered. In addition, we will assess the breadth of enforceable rights, or equity potential, that your proposed mark holds. For a cost estimate or to order a search, send an email to info@iph2.com.

  • Full search reports. This link provides a more complete description of the blind spots of a full search report and considerations you should bear in mind when evaluating a full search report.

  • International trademark searching. Both preliminary and full searches are available for more than 200 countries throughout the world.

  • International preliminary searches. Preliminary searches of phonetically identical marks are affordable and can be obtained for limited geographic regions or worldwide within 48 hours. For a cost estimate or to order a search, email info@iph2.com.

  • Full searches and availability opinions in foreign countries. These searches can be obtained in any country of particular interest or where a preliminary search reveals sources of risk, through our network of foreign trademark associates. For a cost estimate or to order a search, email info@iph2.com.

 

 

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