Choosing a business name or brand is an exciting part of starting and growing a company. However, before investing heavily in a new brand, businesses should consider whether the proposed name or logo may conflict with existing trademarks.
A professional trademark search can help identify similar existing marks before you apply for trademark registration. Understanding the search process can help business owners make more informed decisions and potentially identify concerns before significant time and resources are invested.
What Is a Trademark Search?
A trademark search involves reviewing relevant trademark records and other sources to identify marks that may be identical or similar to a proposed trademark.
A search may consider:
- Registered trademarks
- Pending trademark applications
- Similar business names
- Similar product or service names
- Related goods and services
- Potentially conflicting marks
The purpose is not simply to determine whether an exact name already exists. A meaningful search should also consider potentially similar marks and the relationship between the relevant goods or services.
Why Conduct a Trademark Search Before Registration?
A business may spend thousands of dollars developing a brand before discovering that a similar trademark already exists.
A trademark search before filing can help businesses evaluate potential concerns before investing heavily in:
- Website development
- Packaging
- Advertising
- Signage
- Product development
- Social media marketing
- Printed materials
Identifying potential conflicts early may allow a business to consider alternative branding before significant resources are committed.
What Does a Trademark Search Look For?
Similar Names
A search may identify names that look or sound similar to the proposed trademark.
Similar Goods and Services
Two businesses do not necessarily need to sell identical products for their trademarks to raise concerns. The relationship between their goods or services can be relevant.
Similar Logos and Designs
Where applicable, businesses may also review visual similarities between marks.
Pending Applications
Existing applications may also be relevant when evaluating a proposed trademark.
Common Trademark Search Mistakes
Searching Only Google
A general internet search can be useful for preliminary research, but it does not replace a proper trademark search.
Checking Only Exact Matches
Searching only for the exact spelling of your brand may overlook marks that are similar in appearance, sound, meaning, or commercial impression.
Assuming Domain Availability Means Trademark Availability
A domain name being available does not automatically mean the corresponding trademark is available.
Searching After Launch
Waiting until after your website, packaging, advertising, and marketing are established can make a potential rebrand more complicated and expensive.
Trademark Search and Registration
A trademark search and trademark registration are different steps.
The search helps identify potential conflicts and provides information for decision-making. Registration involves preparing and submitting an application that meets applicable requirements.
A search cannot guarantee that an application will be approved or that no future dispute will occur. However, it can be an important part of preparing for the filing process.
Final Thoughts
Before committing to a new brand, business owners should consider conducting a thorough trademark search. Understanding existing trademark activity can help businesses make better-informed branding and trademark registration decisions.
Trademark Refiling provides professional support for trademark searches, applications, refiling, and brand protection.