Conducting a Comprehensive Trademark Search - Trademark Attorney Nathan Moore
October 2, 2025in Trademarks and Copyrights

How to Conduct a Comprehensive Trademark Search

Before filing a trademark application, the most important step you can take is running a proper clearance search. Too often, businesses file without doing their homework and face delays, refusals, or worse—lawsuits. A thorough search not only identifies potential conflicts but also strengthens your filing strategy.

Why a Search Matters

A trademark search ensures your brand is unique and not infringing on someone else’s rights. It’s more than just checking Google. The U.S. Patent and Trademark Office (USPTO) database, state registries, and even common law sources should all be part of your search.

What to Include in Your Search

  • USPTO Database: Search for identical and similar marks, including those with spelling variations.
  • State Records: Many states maintain trademark registries that differ from the federal system.
  • Common Law Sources: Company names, websites, and social media can reveal unregistered but enforceable rights.
  • International Databases: If you plan to expand globally, check WIPO and regional databases.

Best Practices

Don’t rely on exact matches. Many refusals come from confusingly similar marks, not identical ones. Consider hiring a trademark attorney or search service if your brand is critical to your business growth.

Q&A: Trademark Search Basics

Do I need a search before filing a trademark?

Yes. A search helps avoid conflicts and increases the chance of approval. Skipping this step can lead to wasted time and money.

Is a free USPTO search enough?

Not always. The USPTO search is a starting point, but it won’t cover state trademarks or unregistered “common law” uses that can still block your mark.

What if someone is using a similar name but hasn’t registered it?

They may still have enforceable rights under common law. That’s why broad searches beyond the USPTO are critical.

How long does a trademark search take?

A basic search may take an hour, while a comprehensive attorney-led search can take several days depending on the complexity.

That said, basic isn’t always better and can cause complications with your registration down the road. The trademark process already takes forever (forever or 12-14 months). You don’t want to extend the wait unnecessarily.

An ounce of prevention is worth a pound of cure.

Penny wise, pound foolish.

You get the idea.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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trademark myths debunked by Nathan Moore, Trademark Lawyer
September 29, 2025in Trademarks and Copyrights

Clearing Up Common Trademark Misconceptions

Trademarks protect reputation and reduce confusion. But myths about what trademarks do—and do not do—often lead to costly mistakes. Here is a fast, plain-English reset so you can file and maintain your rights with confidence.

Myth 1: Filing an application gives me full rights

False. Filing starts the process, but you are not federally registered until the USPTO approves your application. Until then, your protection is limited.

Myth 2: A trademark must be an invented word

No. Invented words can be strong, but real words used in distinctive or arbitrary ways can be strong too. What matters is distinctiveness, not novelty alone.

Myth 3: A trademark blocks everyone from using the word

It does not. Trademarks stop confusingly similar use in related goods or services. Unrelated industries may coexist if there is no likely confusion.

Myth 4: Any use keeps my registration alive

Use must be lawful and continuous, and you must file required maintenance (Sections 8/9) on time. Miss those filings and your registration can be cancelled.

Quick-Take Q&A

  • Does filing mean I am officially trademarked?

    No. Filing begins examination. You are officially registered only after the USPTO approves and issues the registration.

  • Do I need to invent a word for a strong mark?

    Not required. Arbitrary or suggestive uses of real words can be strong. Descriptive terms face hurdles unless they gain distinctiveness.

  • What counts as infringing use?

    Use that is likely to confuse consumers about the source, sponsorship, or affiliation of goods or services.

  • Is ongoing use enough to keep my registration?

    You need both continued, lawful use and timely maintenance filings (Sections 8 and 9). Missing deadlines risks cancellation.

Conclusion

Trademark law is full of nuance, and relying on myths can leave your business exposed. A strong trademark strategy requires more than assumptions—it takes accurate knowledge, clear planning, and careful execution. By separating fact from fiction, you protect your brand, minimize disputes, and position yourself for long-term growth. Don’t leave your intellectual property to chance—take proactive steps to secure it the right way from the start.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helping individuals and businesses successfully apply for and register trademarks nationwide.

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How to Run a Trademark Search by Nathan Moore, Trademark lawyer
September 15, 2025in Trademarks and Copyrights

How to Run a Smart Trademark Search Before Filing

Before you invest in a new name or logo, search first. A proper trademark search goes beyond a quick web query. It looks at federal and state registers, plus unregistered (common-law) uses in the marketplace. That extra diligence can prevent refusals, disputes, and costly rebrands.

Why Search Matters

  • Avoid USPTO refusals: The Office will refuse marks that are confusingly similar to existing registrations or pending applications.
  • Reduce legal risk: Overlaps invite cease-and-desist letters, oppositions, or infringement claims.
  • Save time and budget: It’s cheaper to pivot names pre-filing than post-launch.

Three Layers of a Smart Search

  1. Federal register (USPTO): Search word marks and design marks. Review live and relevant dead records for similar sound, appearance, and meaning.
  2. State databases: Many smaller brands register locally; they can still block or complicate your plans.
  3. Common-law use: Scan websites, marketplaces, social media, directories, and industry sources for unregistered but active uses.

How to Evaluate Risk

  • Similarity: Consider look, sound, and connotation—not just exact spelling.
  • Relatedness: Ask whether consumers might think the goods/services come from the same source.
  • Strength of the other mark: Famous or distinctive marks cast a long shadow.
  • Channels of trade and buyers: Overlap in sales channels or audiences increases risk.

Best Practices

  1. Search early, search wide: Build searches into your naming process—don’t wait until launch day.
  2. Screen multiple candidates: Keep backup names so you can pivot fast if a conflict appears.
  3. Document findings: Save screenshots and notes; they help with strategy and future disputes.
  4. Get professional help: Attorneys use comprehensive tools and know the red flags examiners watch for.

Quick-Take Q&A

  • Is a Google search enough?

    No. Google is a start, but you must check the USPTO register, state databases, and common-law uses to catch conflicts.

  • Do spelling tweaks avoid conflicts?

    Not necessarily. Sound-alikes or similar meanings can still confuse customers and draw refusals.

  • Should I search logos, too?

    Yes. Design marks can conflict even when words differ. Search word and design marks together.

  • If I only sell locally, do I still need a federal search?

    Yes. Federal rights can impact your local use, and online sales erase geographic boundaries quickly.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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Specimens 101 - Filing Trademark Applications Correctly with Experienced Trademark Lawyer Nathan Moore
September 1, 2025in Trademarks and Copyrights

Specimens 101: The Most Common USPTO Refusal—and How to Avoid It

Most trademark applications fail for one simple reason: the specimen doesn’t prove real-world use. A specimen is your evidence—what the customer sees when they meet your brand in the wild. Get it right, and your filing moves. Get it wrong, and you lose time and money.

What the USPTO Wants

  • For goods: the mark on packaging, labels, hangtags, the product itself, or a product page that actually sells (price + cart/ordering info).
  • For services: ads, brochures, or website pages that show the mark while describing the services and how to hire you.
  • Clarity: the mark must look like a brand, not decoration. It should identify who provides the product or service.

What Gets Refused

  • Mockups, Photoshop overlays, printer’s proofs, or “coming soon” pages with no way to buy or hire.
  • Purely ornamental use (e.g., a slogan splashed across the front of a t‑shirt with no brand labeling elsewhere).
  • Invoices, purchase orders, or shipping labels alone with no consumer-facing branding.

Build a Winning Specimen (Step‑by‑Step)

  1. Choose the right basis: If you’re not selling yet, file Intent‑to‑Use and submit your specimen later.
  2. Capture the moment of sale: Screenshot the product page with price and cart, or photograph packaging/labels on real goods.
  3. Show the mark as a brand: Use consistent, readable branding—not just big decoration.
  4. Match the filing: The specimen must show the same mark for the same goods/services you listed.
  5. Keep records: Date-stamped screenshots and photos help if the Examining Attorney asks questions.

Final Checklist

  • Does the specimen face the customer (not internal paperwork)?
  • Is it transactional (price, cart, or hiring instructions when relevant)?
  • Is the mark used as a source identifier (brand) and not just decoration?
  • Does it match the applied-for goods/services and the exact mark?

Quick Q&A

  • What counts as a valid specimen for goods?

    Labels, packaging, hangtags, product photos with the mark, or a live product page with price and a way to order.

  • What works for services?

    Ads, brochures, or website pages that show the mark and clearly offer the services with contact or booking details.

  • Can I use a website screenshot?

    Yes—if it shows the mark plus real buying or hiring signals (price, cart, checkout, order or booking instructions).

  • Are mockups or “coming soon” pages okay?

    No. The USPTO needs current use in commerce, not plans or previews.

  • What if I’m not selling yet?

    File Intent‑to‑Use now and submit your specimen later once sales or services begin.

 

Delays are what you want to avoid is trademark registration. The process is long enough when everything goes perfectly. Experience counts and knowing what specimens are acceptable will, and most importantly, will not work, avoid problems from the start.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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How to Run a Smart Trademark Search Before Filing - Using an Experienced Trademark Attorney to Avoid Delays
September 1, 2025in Trademarks and Copyrights

How to Run a Smart Trademark Search Before Filing

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

  1. Search USPTO records: Use the TESS database to see live and dead trademarks that are close to your mark.
  2. Check state databases: Some marks are registered only at the state level but still block your use locally.
  3. Scan the internet: Common‑law rights exist even without registration. Look for unregistered but active brands.
  4. Assess similarity: It’s not about exact matches. Similar sound, look, or meaning can create conflicts.
  5. 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.

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Trademark Lawyer Nathan Moore Discusses Meta's Trademark Win
August 25, 2025in Trademarks and Copyrights

Meta Beats Claim That ‘Meta’ Is Generic: Lessons for Small Brand Owners

Meta Platforms scored a legal win this week. A California judge dismissed a challenge claiming that the name “Meta” was generic, reaffirming its trademark strength. The result reminds brand owners—and underdogs—that even bold, simple names can stand firm with the right foundation.

Case Summary: Meta vs. Metabyte

  • A tech-staffing company named Metabyte accused Meta of infringing its mark due to name similarity. The court found no evidence of confusion or harm and upheld Meta’s registration.
  • The judge called it “not a close call,” citing lack of proof that consumers or job seekers linked the two brands. Small-brand founder Metabyte is considering an appeal.
  • See the court order dismissing the lawsuit here.

Why It Matters to Your Brand

  • Even short, familiar names can survive a trademark challenge if you’ve built strong recognition.
  • Proof of consumer confusion matters more than similarity—counter your critics with data, not defensiveness.
  • Registration gives brands powerful legal standing—even global giants and small startups benefit alike.

Key Takeaways for Trademark Strategy

  1. Collect brand recognition metrics: social engagement, search volume, and unique brand signals help prove distinctiveness.
  2. Document how your name stands apart—logo, brand voice, presentation style.
  3. Register early, even for simple or single-word names—many runners delay, thinking “it’s too generic,” only to find it’s not.
  4. Keep an eye on others trying to ride on your name. Proactive monitoring beats reactive defense.

Meta Platforms Prevails in Trademark Dispute_ A Win for Brand Owners - visual selection - Nathan Moore Trademark Lawyer

Quick‑Take Q&A

Why was the case thrown out so decisively?
Because Metabyte failed to show that anyone—customers or employees—actually confused its brand with Meta. Courts need real-world confusion evidence, not assumptions.

Does this mean small businesses can safely choose common names?
Not always. Names need context. “Meta” carries distinct meaning already. Check for similar businesses and themes before filing.

What’s more important: the word itself or how you use it?
How you use it. Names gain protection from brand behavior, marketing consistency, and consumer recognition—not uniqueness in the dictionary.

Bottom Line

Meta’s ruling sends a powerful message: even seemingly “basic” names can earn trademark strength if they’re used smartly. Build your name with intention—document your distinctiveness, register early, and monitor your space.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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Who's the Boss? Trademark usage v. local meaning comes to a head.
August 21, 2025in Trademarks and Copyrights

Hugo Boss vs. Boss Pets: A Trademark Crisis for the Littlest “Boss”

When a global fashion giant meets local pet brand, trademark drama unfolds. Hugo Boss has ordered Liverpool-based Boss Pets to take down its website, claiming trademark infringement. Here’s what every business should learn from this clash over the word “Boss.”

What’s Behind the Lawsuit?

  • Hugo Boss has alleged that Boss Pets’ use of “Boss” infringes its well-known brand—even though “boss” means “great” in local slang.
  • Boss Pets is being asked to shut down its website within 10 days—or face legal consequences.

Why This Matters to You

  • Even everyday words can become protected marks—especially when paired with global brand power.
  • Descriptive or local usage doesn’t always shield you. Context—and fame—makes a difference.
  • You may be targeted even if your business is small and unrelated—brand protection knows no sector boundaries.

Smart Naming: How to Proceed with Caution

  1. Check whether general terms might already be registered in your industry.
  2. Think creatively—use arbitrary or coined terms that aren’t in everyday language.
  3. Run a clearance search before investing in branding or domain names.
  4. If using shared language, pair it with distinctive design or secondary wording.
  5. Monitor brand disputes—even in different sectors—to anticipate legal risks.

Quick‑Take Q&A

Why did Hugo Boss go after “Boss Pets” if “boss” is a common word?

Because trademark rights can extend to terms that have gained strong brand identity. Hugo Boss can argue that “Boss” is associated with their brand even in new contexts.

Does slang or local meaning protect small businesses?

No. Trademark law looks at public perception, not local usage meaning. Even if “boss” means “great” locally, the brand impact may override.

How can I avoid a similar conflict?

Start with a clearance search. Then build a unique brand—don’t rely on general words, even if they seem harmless.

Can Boss Pets keep operating under a new name?

Possibly. Rebranding quickly to a distinct name and design may help avoid legal troubles and signal goodwill.

Bottom Line

Trademarks aren’t just legal tools—they’re brand weapons. Even words you think are safe can spark lawsuits when paired with global fame. Stay vigilant, clear in your naming, and proactive in search.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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's New Trademark Filings_ A Deep Dive into Naming Strategy - visual selection
August 18, 2025in Trademarks and Copyrights

Ford’s Latest Trademark Moves: What “Fathom,” “Fuze,” “Hive,” and “Mythic” Mean for Your Brand Strategy

Ford files trademarks: Fathom, Fuze, Hive, Mythic — Moore Law PC

Ford is on the move. In August 2025, the automaker filed trademark applications for four new names—”Fathom,” “Fuze,” “Hive,” and “Mythic.” It’s a reminder that even established brands need naming strategies that reflect innovation and legal strength.

What’s Happening

  • Ford filed for “Fathom,” “Fuze,” “Hive,” and “Mythic” in several key markets, including the U.S., UK, EU, Canada, Australia, and New Zealand.
  • The filings suggest upcoming product lines—perhaps EV models, software systems, or new services—though Ford has not confirmed.

Brand Strategy Insights

  • Distinctiveness Is Key: Names like “Fathom” (depth), “Hive” (community), and “Mythic” (legendary) hint at experiences—subtle and evocative, not literal.
  • Global Protection Matters: Filing across jurisdictions reduces risk of name conflicts and secures consistency as products scale globally.
  • Pre-emptive Moves: Even before launch, securing these trademarks prevents others from filing similar marks in related industries.

Best Practices: Naming + Trademarking

  1. Test potential names for linguistic issues—words that work in one market may mean something unexpected elsewhere.
  2. Prioritize suggestive or arbitrary names that spark curiosity rather than merely describe the product.
  3. Integrate global clearance into your naming workflow to catch conflicts early.

Quick-Take Q&A

  • Why is Ford filing multiple trademarks at once?

    Ford appears to be securing brand names ahead of a move—whether for new models, services, or consumer-facing offerings—in key markets.

  • What makes a strong trademark name?

    Names that evoke brand character (suggestive) or unrelated dictionary words (arbitrary/fanciful) generally offer stronger protection than merely descriptive names.

  • Do you need to file in every country?

    Not necessarily. Securing protection in key markets where you plan to sell—or where users associate your brand—can prevent conflicts and bad-faith filings.


Bottom Line

Ford’s filings show how proactive naming and trademarking—especially on a global scale—can lay the groundwork for confident expansion and brand storytelling.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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rademark-Pitfalls-to-Avoid_-Dont-Let-Simple-Errors-Trip-You-Up
August 18, 2025in Trademarks and Copyrights

Trademark Pitfalls to Avoid: Don’t Let Simple Errors Trip You Up

Even small mistakes in your trademark application can derail it entirely. Simplicity may feel safe, but simple errors—like misidentifying your goods, skipping clearance searches, or misusing symbols—can cost you both time and money.

Common Trademark Filing Mistakes and Their Solutions

  • Wrong owner information – Listing the wrong entity or individual can be fatal. Double-check precise legal names.
  • Incorrect goods or services description – Don’t say “labels” when your mark appears on wine. Describe the actual item or service.
  • Skipping a clearance search – Up to half of USPTO refusals stem from existing marks.™ Start with a full search.
  • Misusing ™ and ® symbols – ® is only for federally registered marks. Misuse can invite scrutiny—or penalties.
  • Neglecting maintenance – Missing Section 8 or 9 deadlines can cancel your mark. Stay on top of renewal notices.

Practical Steps for Error‑Free Filing

  1. Review your client’s entity details—make sure the owner listed matches their legal status.
  2. Describe goods and services clearly and specifically; match how they’re actually used or provided.
  3. Invest in a comprehensive clearance search before filing—better safe than re-filing later.
  4. Use ™ while pending and switch to ® only after registration is issued.
  5. Track deadlines for maintenance: Section 8 at 5‑6 years; Section 9 at 9‑10 years. Set reminders now.

Trademark FAQ

What happens if I list the wrong owner on my application?

The USPTO may refuse or later cancel the application. The best fix is to file a new, accurate application under the correct owner.

Can I describe my goods in broad terms like “labels” or “boxes”?

No. Your identification must describe the actual goods or services. For example, if your mark is used on wine, list the wine—not its packaging.

When should I use TM vs. (R)?

Use TM while your application is pending. After the federal registration issues, you may use the (R) symbol.

How do I avoid missing maintenance deadlines?

Calendar Section 8 (years 5–6) and Section 9 (years 9–10) deadlines and set multiple reminders well in advance.

 

Final Word

A trademark’s strength starts with accuracy. Clear ownership, precise descriptions, correct symbols, and vigilant maintenance keep your mark strong and enforceable.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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Trademark Specimens in 2025: What the USPTO Will Accept - Nathan Moore, Trademark Attorney - Moore Trademarks
August 11, 2025in Trademarks and Copyrights

Trademark Specimens in 2025: What the USPTO Will Accept—and What It Won’t

Your specimen is the proof. It shows the USPTO how you actually use your mark in commerce. Strong filings start here. Below is a quick, practical guide for getting it right in 2025.

Specimens for Goods (physical products)

  • Labels, tags, or packaging with the mark placed on the product or its container.
  • Product webpages that display the mark next to the goods and provide a clear way to purchase (e.g., “Add to Cart,” price, ordering info).
  • Shipping inserts or point‑of‑sale materials that show the mark directly associated with the goods.

Specimens for Services

  • Website pages, brochures, ads, or signage showing the mark used to advertise or render the service.
  • Include enough context so a reader can tell what the service is and that you are providing it.

What the USPTO Looks For

  • Real use in commerce. No mockups, drafts, or digitally altered images.
  • Match to the drawing. The specimen must show the same mark you applied for.
  • Direct association. The mark must clearly connect to the listed goods/services.

How to Avoid a Specimen Refusal

  1. Capture reality, not theory. Use current, public‑facing materials (your live site, product packaging, store photos).
  2. Show the buy path (for goods). Price + ordering information beats a pretty hero banner every time.
  3. Describe the service (for services). A landing page that only shows a logo often fails; add plain‑English copy about what you do.
  4. File clean. Make sure owner name, classes, and the specimen all tell the same story.

News Snapshot (This Year)

Color marks face a high bar. In April 2025, the Federal Circuit affirmed refusal of a single‑color mark for medical gloves, underscoring that color can function as a mark only when consumers see it as a source indicator—not mere decoration. The takeaway: if you’re betting on color alone, be ready with strong evidence of distinctiveness.

Bottom Line

Specimens win or lose applications. Use real‑world materials that tie the mark to your product or service, match the drawing, and make the connection obvious. Do that, and you avoid most refusals before they start.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.

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