A trademark search is an important step in creating a successful brand. A trademark search can help protect you before you launch your new business or product. But, it can be challenging to know where to start and what to look for. We’ll cover the basics: what to search for, how to search, and what to do if you find conflicting trademarks. By the end, you’ll have a clear understanding of how to do a trademark search and what to do to protect your brand.
What To Search For
When conducting a trademark search, it’s important to understand what you’re searching for. A trademark can be a logo, name, slogan, or even color, sound, or smell associated with goods or services. To do a trademark search, you should start by identifying the elements of your brand. This may include your business name, product name, logo, or tagline that are unique to your brand.
Trademarks are specific to particular classes of goods or services. For example, the same trademark might be in use in one industry, but available for use in another industry. Start by identifying the class of goods or services that your brand falls into. Then you can narrow your search by looking for conflicting trademarks in that class.
Once you know your trademark and the related goods and services, you can start looking for any similar trademarks.
What you are looking for with your search are confusingly similar marks. These are trademarks that could create a likelihood of consumer confusion about the source of the related goods and services. This could include marks that have the same name, logo, or slogan as yours, if they are for related goods and services. Even small details such as font size, color variations, or slight spelling changes can be confusingly similar.
The goal is not to find an identical match to your mark, but to identify any potential conflicts that could lead to a dispute later on. A careful trademark search will increase your chances of successful trademark registration.
How To Search
There are several approaches to take when conducting a trademark search. Here are a few basic options to consider:
- Internet searching: You can do a search for trademarks that are already in use. It may help to incorporate “[brand name] + [product/service]” into your search to narrow down the results. You can also search various social media platforms to see if your desired trademark is already used as a name or handle. This is a quick way to narrow down your search before diving deeper.
- Official records: You can check the USPTO’s trademark database to see if your mark has already been registered. If your search returns a lot of results you can narrow it down by searching in a specific class of related goods or services. You can also search using substitute characters or variations in spelling that could result in conflicting marks.
Once you’ve done a thorough search, it’s important to take the time to review the results and make sure that your desired trademark is available for use before you invest time and resources into building your brand.
What To Do If You Find Conflicting Trademarks
If you find a similar trademark already exists, it’s important to take a closer look and determine if there’s a potential conflict. Conflicting trademarks can cause legal issues, damage your brand, and negatively impact your business.
If you find a conflicting trademark, consider the following steps:
- Evaluate the similarity: Consider the similarity between the conflicting trademark and your desired trademark. If the two trademarks are too similar in the overall appearance, sound, or meaning, it may be best to choose a different trademark.
- Assess the likelihood of confusion: Consider the likelihood that consumers could confuse the conflicting trademark with your desired trademark. If there’s a high likelihood of confusion because of the similarities between the marks themselves and/or the related goods and services, it may be best to choose a different trademark.
- Contact the trademark owner: If you believe that the conflicting trademark may not cause confusion, you can reach out to the owner of the potentially conflicting trademark and negotiate a coexistence agreement. This agreement allows both parties to use their trademarks without infringing on each other’s rights.
It’s important to take action and resolve any potential trademark conflicts before you launch your business or release your product. By doing so, you can protect your brand and ensure a successful launch.
Next Steps
Conducting a successful trademark search is an essential step in creating a strong brand and protecting your intellectual property. By understanding what to search for, how to search, and what to do if you find conflicting trademarks, you can make informed decisions and protect your brand to ensure your long-term success. With the right approach, a trademark search can be a simple and straightforward process that sets the foundation for a successful business.
Still have questions? Speak with a trademark attorney to ask questions or get help with your trademark search.