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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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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