How to Perform a Trademark Clearance Search?


A comprehensive trademark clearance search is the first step towards trademark registration. As the race for getting a trademark for businesses, companies, logos, and other services is picking up pace; the need of a full comprehensive trademark search has increased manifold. A comprehensive trademark search will help you to see the trademark availability for your desired trademark. 

Read Also: 3 Important Things To Know About Conducting a Global Trademark Search

What is Trademark Availability?

Trademark availability helps to check if the trademark is already in existence not. Trademark clearance search is a trademark lookup practice that helps to check trademark availability. As so many registered trademarks exist in the market, you must perform a trademark name search beforehand to avoid any conflict or likelihood of confusion in the future. 

What is USPTO Trademark Search?

USPTO provides Trademark Electronic Search System (TESS) for carrying out comprehensive trademark clearance searches. TESS database is an exhaustive tool containing details of applied and registered trademarks for performing United States Trademark Search. It has significant searchable elements of all the trademarks registered as well as those in process. The database allows you to find:

  • A trademark with common elements    
  • A particular trademark if you know one or more of its elements 

Can I conduct a free Comprehensive Trademark Search?

You can conduct a free trademark search all by yourself by the USPTO TESS database. However, USPTO itself suggests seeking help from a professional for conducting a trademark availability search. This is because there is so much more in the art of an efficient and comprehensive trademark search. There are high chances of missing out on something important. Also, we suggest taking help from other sources than just TESS. The reason behind this is searching is only a small portion of an exhaustive clearance search. The possibilities of some trademarks not being present in the TESS database are quite high. 

Read Also: Trademark Infringement: Costing Companies their Revenue & Reputation

Why is it Important to Conduct a Trademark Search?

impoetance-of-trademark-search

1) Prevent wastage of money and time on a trademark that is already registered. 

2) Provide the flexibility to make needed changes before the official launch of any product or service

3) Prevent or at least minimize the costs of business distraction linked with the forced rebranding of products or services.

4) Avoid refusals for trademark registration from USPTO based on the likelihood of confusion.

5) TM search minimizes the chances of any future litigations and associated costs that may arise due to trademark infringement. 

5) A full comprehensive trademark search gives deep insights and brainstorming ideas for a trademark while considering potential registration concerns. 

6) Trademark availability search gives the information and other details of existing similar trademarks whether already registered or applied for. Besides this, TM Search also 

-It provides information of brand name/ trademark which can be phonetically similar to your brand name/trademark.

-Trademark search provides you information on any well-known marks which are similar to your brand name/ trademark.

-If your brand has a logo, trademark search will provide you details of a similar brand name and trademark under the Vienna Code Classification (International Classification of figurative elements) similar to your brand name/ trademark.

Therefore, Trademark Search is very much important to know whether your brand name/trademark can be registrable under the Trademark Act. If any similar trademark exists in the trademark registry, then alter your mark or select a new name. In case your brand name is distinct in the market, then you can go ahead to register your brand name. It is always advisable to conduct a trademark search before filing a trademark application for the registration of the trademark. TM search gives you a gist of the registration of your trademark under The Trademark Act, 1999.

Read Also: How to Conduct Effective Trademark Searches in the U.S.

Why do you need Expert’s Help for an Effective Trademark Search?

Trademark searching needs extensive skills, expertise, and knowledge. There are high chances of them missing out on important points if an ordinary person conducts a trademark search. This is why even USPTO recommends taking professional help for an effective search. 

Choose TMReady 

Well, our professional team has all that you need to perform a well-rounded and effective trademark search. With the help of our experts, we will provide you with a comprehensive trademark search report including trademarks similar because of phonetic similarities, the likelihood of confusion, appearance, or any other reason. You can learn more about our services here

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