Trademark Clearance Search
Trademark Clearance Search
Trademark gives you a right over a logo or sign your brand is associated with. However, how do you ensure that your trademark is not already used? If someone is already using the logo or the sign you have, you could be infringing their trademark, which can land you in legal trouble. Moreover, in such cases, you won't get approval for your trademark. So, registering the trademark is more complex than it may sound. You need to go through a huge database of trademarks to ensure the authenticity of the application.
How Can Trademark 360° Help?
At Trademark 360°, we complete a comprehensive clearance search before we submit the application for your trademark. Trademark clearance searches are conducted to determine whether a proposed trademark is available for use and registration. The purpose of the search is to identify any existing trademarks that may conflict with the proposed trademark and to assess the risk of infringing on someone else's trademark rights. The process typically involves defining the scope of the search, conducting a preliminary search, conducting a comprehensive search, and analyzing the search results.
The first step in conducting a trademark clearance search is to define the scope of the search. This includes identifying the goods or services covered by the proposed trademark and the geographic area of use. Once this is established, a preliminary search is conducted to identify any obvious conflicts with existing trademarks. This can be done using online databases such as the USPTO's Trademark Electronic Search System (TESS) or commercial trademark search services.
If the preliminary search does not reveal any conflicts, a comprehensive search is conducted. This involves a more thorough review of existing trademarks, including federal and state trademark databases, common law sources, and domain name registrations. The search results are then analyzed to determine whether the proposed trademark is available for use and registration.
If there are no conflicts, the trademark can be registered. If there are conflicts, further analysis is needed to assess the risk of infringement and determine whether the proposed trademark can be used with modifications or if a new trademark should be chosen. It is recommended that businesses work with a trademark attorney to conduct a thorough trademark clearance search. Failure to conduct a search can result in costly legal disputes and the loss of trademark rights.
What if there is a similar Trademark in the Clearance Search?
If there is a similar trademark in the USPTO database, we will reach out to you for the remediation. As a part of remediation, we recommend a change in name or design so that you don't infringe on someone's trademark. The process is also helpful for the brands as it can help you with legal costs if you use a similar trademark, even by mistake. These trademark changes can be taken up as minor logo enhancements or a rebranding exercise.
You can reach out to our team if you have more questions about the clearance searches. We are available to help you with your queries and issues. We provide a free consultation so that you know what you are getting into. Moreover, the Trademark 360° team is available to help whenever you need them.