Please note that this brief overview regarding the use of a trademark search is provided as a free service and is not a substitute for the advice of an attorney. The information provided is general in nature and may not apply to your particular situation. If you have a legal matter, it is recommended that you seek the advice of a lawyer. If you have any questions, or if you are in need of legal assistance, please click here.

Trademark Search

A trademark search should always be performed prior to either using a trademark or applying to register a trademark. The reasoning is twofold.

First, if you unknowingly begin use of a trademark subsequent to another party, you could be exposed to liability to that party for trademark infringement. This is because trademark rights are generally acquired by prior use. Secondly, it is wise to clear rights to a trademark prior to investing any money in the mark because if it turns out that you are not the rightful owner of the mark, all money invested in the mark is a total loss.

We Perform Two types of Trademark Searches:

Preliminary Search - we perform a search of your trademark and issue a legal memorandum reporting the results. We will: (1) perform a search of the Internet using advanced search techniques; (2) search business names; (3) search Whois records for similar domain names; and (4) search the United States Patent and Trademark Office records of pending Trademark Applications and existing Trademark Registrations.

The Preliminary Search offers a cost-effective means to learn the potential availability of a trademark. The Preliminary Search can be used to narrow the field of potential trademarks and also to identify potential infringers if the trademark is already in use. However, the Preliminary Search is a preliminary search and should not be used as a basis for clearance of a trademark for federal registration and/or use in the United States. Cost - $245

Comprehensive Search - we will order a U.S. Full Availability Search Report through the premier U.S. search vendor and then review the results and issue an opinion letter detailing the availability of the trademark. A Comprehensive Search is sufficient to clear a trademark for use in the United States. Cost - $395 (plus $530 for the search report)

If you have any questions, or if you would like us to perform a Trademark Search, please click here.