Should I Conduct a Trademark Search Before I File My Application?

It is generally a good idea to conduct a trademark search before filing a trademark application with the United States Patent and Trademark Office (USPTO). A trademark search can help you to determine whether your chosen trademark is available for use and whether it may be confusingly similar to any existing trademarks.

Conducting a trademark search before filing your application can help to ensure that you are not wasting time and money on an application that is likely to be rejected due to a conflict with an existing mark. It can also help to avoid the risk of infringing on the rights of another trademark owner or the risk of having to abandon your trademark if it is found to be too similar to an existing mark.

There are a number of resources available for conducting a trademark search, including the USPTO’s Trademark Electronic Search System (TESS) and online trademark search services. It is a good idea to conduct a thorough trademark search that includes not only federal trademark registrations, but also state trademark registrations and common law trademarks (trademarks that are in use but are not registered).

In addition to conducting a trademark search, you may also want to consider seeking the advice of a trademark attorney or other professional to help you assess the availability and registrability of your chosen trademark before filing your application.

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