Trademark Search

DEREK FAHEY, ESQ.

A trademark search examines trademark databases and other sources to determine whether a proposed trademark or service mark may infringe another party’s rights and whether it is likely to qualify for federal registration.

Businesses invest substantial time, money, and resources in building brands. A search performed before that investment can identify conflicts that may prevent registration or expose the business to infringement claims.

Likelihood of Confusion

When reviewing a trademark application, the USPTO considers whether the proposed mark is likely to cause confusion with an earlier-filed or registered mark. Relevant considerations include:

• the similarity or dissimilarity of the marks;
• the relationship between the goods or services;
• the channels through which the goods or services are sold;
• the conditions under which purchases are made;
• the number and nature of similar marks in use; and
• other evidence bearing on likely consumer confusion.

Why Search Before Filing

A trademark search is not legally required before filing, but it is strongly recommended. A professional search can reveal marks that may affect registrability and help a business avoid investing in a brand that cannot be protected.

Where the USPTO issues a likelihood-of-confusion refusal under Section 2(d), experienced trademark counsel can evaluate the refusal and determine whether legal and factual arguments may overcome it.