Common law trademark search is a vital part of the comprehensive trademark search process. It is something that every professional trademark search service provider does at some time in their business life. It entails scouring databases, news, commercial, and public records, as well as legal and financial documents. The purpose of a common law trademark search is to see if someone is using a similar trademark or not. One can search even if the mark is not a part of the United States Patent and Trademark Office (USPTO).
In truth, trademarks in the United States receive grants based on a first-use basis. Thus, one can acquire trademark rights simply by using the mark in connection with products for a period of time. As a result, one may not require the federal registration process to get trademark rights in the United States. Thus, a common law trademark search finds the trademarks that do not receive federal registration or present in official records.
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Purpose of Conducting Common Law Trademark Search
Launching a business
It can take up to a year for your trademark to be registered. If you need the USPTO’s clearance before selling your goods or brand, this is a long time to wait. A common law search will take a trademark attorney only a few weeks to conduct. Thus, before the registration approval, you’ll know if you can use the mark and start your business.
Reduce Unnecessary Expenditure
It’s not a good idea to spend money on advertisements or business expenses before you’ve done a thorough trademark search. It will be a waste of money if you start developing your product and the USPTO rejects your application. You may also be sued for trademark infringement before the USPTO rejects your application.
Eradicate ‘Likelihood of Confusion’
Any company’s best goal is to sell a product that buyers can simply identify without being confused. Additionally, confusing clients with a mark that is identical to another can lead to troubles in the future. Thus, this common law trademark search helps in reducing the ‘Likelihood of Confusion‘ among the clients.
Therefore, a trademark attorney can assist throughout the whole trademark application procedure, from selecting a name to receiving final clearance. If you’re a startup, an experienced trademark professional can even walk you through the principles of trademarking.
Why Choose TMReady for Common Law Trademark Searches?
So, conducting trademark searches prior to registering a mark is a common practice among businesses. Furthermore, common law trademark searches are one of the most essential sorts of trademark searches. Additionally, these searches not only help businesses save money but also assist them to avoid trademark infringement. As a result, professional help is recommended to avoid overlooking any vital aspects of a mark. TMReady’s Trademark Search service gives valuable information to clients prior to filing for trademarks. Click here to know more about common law trademark search service.