Look before you leap
A trademark search is typically just
that - a search of Registered and common law trademarks already
in use. Typically, a comprehensive search is conducted on each potential
trademark by an attorney specializing in trademark and patent matters.
The resulting research report is used by you and your attorney to
determine if your intended trademark stands a good chance of being
registered. This type of research locates not only trademarks identical
to your trademark in all classes of goods and services, but also
"confusingly similar" trademarks in classes pertinent
to your product, service or industry. Cost varies with the quality
of the search, from $25 to $500.
WHO IS PERFORMING YOUR SEARCH? This is the single most important
question you should be asking when considering a trademark search.
There are very inexpensive data bases which allow you to perform
a cheap or even free search. However the data is generally old,
and if you don't know what the term "confusingly similar"
means, or the other 8 statutory reasons for rejection, you probably
are not qualified to run your search. Such sites are good to help
eliminate exact matches for your proposed trademark or at least
identify them. However, the standard for rejection of trademarks
by the Patent Office is very subjective and only an experienced
trademark attorney can give you a reasonable opinion of your chances
There are also numerous companies which will perform the search
for you. However, most such firms know little more than you do about
the criteria for registration at the patent office. They have a
clerk running a computer search for similar terms to yours. The
clerk, not being a patent or trademark attorney, has never filed
or prosecuted a trademark in their career, but is great on a keyboard.
They may be using the same inexpensive data bases that you can use
yourself. Finally, such firms usually don't have an experienced
trademark attorney directing, and reviewing the search, and providing
you a formal opinion with your results. However, a professional
experienced opinion is what you need to make a good business decision
on a topic you know next to nothing about.
The Cost of a Refused Trademark Application is
More Than Just Money
If you are planning to open a
new company or introduce a new product, it is a prudent move to
search the name, prior to printing up thousands of dollars worth
of stationary, brochures and advertisements. It is also prudent
to use a firm that offers up to date data and a review of the search
and opinion letter from a Registered Patent & Trademark Attorney.
The trademark process will take the better part of a year to complete.
It is not only the money for the trademark you are risking. You
are taking the risk that a year will pass and your trademark will
be refused. Worse yet, a year will pass and you might find out that
someone else owns the trademark you seek and you are infringing!
Since you can't buy back that year of time, and advertising, and
trade shows, it is imperative that you know, going into the process,
that the trademark you seek does not infringe, and, can be registered
to your company.
Searches from Our Office
The Patent & Trademark Law
Center offers Federal Trademark Searches for $125 and State Trademark
Searches for $100. Combined searches of State and Federal trademarks
are $200. A free discussion by Telephone or in person is available,
and forms are available online, by fax, or by mail.
Patent Attorney Supervised Searches Using Only
Up to Date Data
- All of our searches feature the most up do date data base available.
- All of our searches are supervised and reviewed by a Registered
Patent Attorney with years of trademark experience.
- All of our searches are accompanied by printed results, as
well as a letter from a Registered Patent Attorney about the results
and your chances of success.
- Multiple Search Discounts - 1/2 Price for a Re-Search
Should you have multiple trademarks you are considering,
we also offer discounts, and, should your first trademark search
fail, we will run the second one for half price. Feel free to contact
our office by phone for your trademark needs.
use our handy form to request a search & opinion letter.