Before you invest in a new brand name or logo, you need to know if someone else already owns it. That’s where a trademark search comes in. It’s not just a quick Google check. A proper search digs into the federal register, state databases, and the wider market to see what’s in use. Doing it right can save you years of headaches and costly disputes.
Why a Trademark Search Matters
- Avoid refusal: The USPTO will deny your application if your mark conflicts with an existing registration.
- Prevent disputes: Overlapping with another brand can lead to cease‑and‑desist letters or lawsuits.
- Save money: A small investment in searching beats the cost of rebranding or litigation later.
Steps to Take
- Search USPTO records: Use the TESS database to see live and dead trademarks that are close to your mark.
- Check state databases: Some marks are registered only at the state level but still block your use locally.
- Scan the internet: Common‑law rights exist even without registration. Look for unregistered but active brands.
- Assess similarity: It’s not about exact matches. Similar sound, look, or meaning can create conflicts.
- Consult a professional: Attorneys use commercial search tools that cover more ground than the free options.
Key Pitfalls
- Assuming a different spelling makes it safe (e.g., “Kool Kars” vs. “Cool Cars”).
- Ignoring logos—design marks can conflict even if words differ.
- Forgetting about industry overlap. Two businesses in related fields can clash even if not identical.
Quick Q&A
Is a Google search enough before filing?
No. Google helps, but the USPTO and state databases must be searched for registered and pending marks.
What if I only plan to use my brand locally?
Even local businesses face federal enforcement. A federal search is still smart to avoid conflicts.
Can I skip searching and just file?
You can, but it’s risky. If your application is refused, you lose your filing fee and time.
Do I need a lawyer for a search?
Not legally, but attorneys have access to advanced tools and experience spotting conflicts you might miss. You’re not looking just for the same name. You’re looking for similar names to avoid complications with registration. An experienced trademark lawyer can spot these problems when filing and do their best to avoid them.
The trademark registration process is long even when everything is done correctly (final publication can take over a year!). Any issues along the way will add to the time required to obtain your trademark. The best approach is to be initially proactive. As the old adage goes, an ounce of prevention is worth a pound of cure.
Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.
