Steps for Conducting a Trademark Search

If you have thought about a name, logo, or slogan for your business, you might be excited about unveiling and debuting your enterprise. However, before branding your business, it is crucial that you conduct a trademark search. Failing to conduct a trademark search before using or registering a mark can result in legal disputes. It can cost you professionally and financially. In this article, we look at the steps for conducting a trademark search.

Understanding Trademarks and Trademark Searches

A trademark is one of the types of intellectual property in business. These are intangible assets that are protected by law. A trademark identifies and distinguishes the source of goods or services. When a California business owner registers their trademark with the U.S. Patent and Trademark Office (USPTO) or the California Secretary of State (SOS), they get exclusive rights to use the mark. However, using a mark without formally registering it can also result in common law trademark rights.

A trademark search is the process of checking if the mark you wish to use is already registered or being used by another person or business. When conducting a trademark search, you are not just checking to see if another individual is using or has registered a mark exactly like yours. The goal should be to determine if there are existing marks that can cause a likelihood of confusion. “Likelihood-of-confusion” is the legal standard used to deny a trademark application or initiate legal action.

Steps for Conducting a Trademark Search

Now that you understand the meaning of a trademark and trademark search, the following are the steps to take to conduct a thorough trademark search;

1. List Your Proposed Marks

Start by writing down the exact word, phrase, design, or symbol you plan to use. This helps you know precisely what to search for. Ensure you note down all variations of your mark, such as alternate spellings and abbreviations, as even a similar-sounding or spelled trademark can lead to legal disputes.

2. Search the USPTO Website

Any trademark registered on the federal level can be found on the USPTO’s website. Go to https://www.uspto.gov/trademarks/search to conduct a free search. Begin with a basic trademark name search for your desired mark. Look for exact matches. If no match is found, you may face fewer registration obstacles. If there is a match, you’ll need to look closer. Use basic search options, such as wordmark, serial number, or registration number. You can also conduct a more advanced search using the field tag and search builder.

3. Search the California Secretary of State Website

California businesses can register trademarks at the state level through the Secretary of State. Marks registered on the state level don’t appear on the USPTO website. Therefore, conducting a separate search using the California Trademark Search tool is crucial.

4. Look for Unregistered Marks

Sometimes, simply using a mark in business in the United States can create common law trademark rights. Therefore, you need to conduct a thorough common law search. Here are some steps to take to identify common law trademarks;

• Conduct a Google search
• Check business listing sites
• Check social media
• Check local news coverage and blog articles

Contact Us for Legal Help

For help conducting a trademark search for your California business, contact our qualified business attorneys at SAC Attorneys LLP.