Can I Conduct A Trademark Search Before Using Trademark?


Despite of the fact that a trademark search is the most vital and basic step while registering a trademark, still it is often ignored. While registering for a new trademark for your products that basically explains your thoughts and core marketing strategies, a trademark search must always be considered as relevant and must always be conducted in a professional way.  Before finalizing the desired design or trademark (a name, logo and/or tagline), conducting a trademark search will give you the market idea and sneak peek into your competitor’s strategy. And, Yes! It is possible to conduct a trademark search before using trademark, because in that way you will be able to come up with a better and sensible trademark. In this article, we will summarize the major reasons that states that a trademark search must and always be conducted before using the trademark.

 Why to Conduct a Trademark Search?

Here, are the reasons for why one should always conduct a trademark search before its use:

  • To assure non-infringement: If you are not informative then you have to bear the risk of getting into trouble for the case of infringement. By being informative, we mean that the applicant/owner must have the knowledge about the all the trademarks which are already registered in the same domain. If not, then certainly there may be a chance that you are infringing on someone else’s mark. Therefore, before finalizing or registering a name or logo, it is better to conduct a comprehensive trademark search (meaning a federal, state and common law trademark search), to avoid getting into trouble. This will save your money from paying damages, if caught in trademark infringement cases.
  • To land a better trademark for your products: It’s a tough decision to invest your time and money with the intention to protect your products/business, before even starting the trademark process. But, it is the safest way to finalize a particular mark.
  • To preserve your pocket and clock: Not only you have to bear monetary loses, but also once caught for infringement, you will no longer hold the authority to use the mark for your products in future. Also, you have to start looking for new marks and follow the same process, just right from the scratch. Not getting into infringement cases, will surely save your money, time, and resources.
  • To secure better probability for registration of your trademark: Once you are done with the trademark search, you will have better version of your own trademark, since search results will ensure that your trademark is not duplicated or similar to the existing ones. If the USPTO examining attorney finds that your mark matches with the existing ones, then you will be fined with entire filing fee and will have to restart the entire trademarking procedure.

An important point to note here, is that not all marks which is protected by trademark law is registered through the USPTO. So there is even a possibility that registered marks may not be found or listed through TESS. To avoid that, you need to perform search using other platforms, such as through Internet, online journals, e-books, etc.

Also, for better trademark search, you can take help from trademark search professionals and retain their services. They’ll have more clean access to more powerful tools inside USPTO that may not be open for public disclosure. Better access and domain expertise will definitely bring out narrow search results that will help you to decide a remarkable trademark for your products.

Also Read:

Crucial Aspects of Trademark Searching

How to Register for a Mark Internationally?

Difference between Trade name and Trademark?

Trademark Monitoring Tools for Individuals

How to set Trademark Monitoring Search Coverage?

5 Common Mistakes about Trademark Searches & Their Solutions


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