Trademark Search Tips

The following guidelines summarize the importance of a comprehensive trademark search before adoption and use of a mark:

  • Because liability for infringement is determined by whether two marks are confusingly similar, a search will disclose potentially conflicting marks and thereby help a company avoid liability for trademark infringement.

  • A preliminary or knockout search of PTO records may suffice for a mark intended for short-term use.

  • A thorough search (including PTO records, state records, common law, and Internet uses) should always be conducted before launching a mark intended for long-term or nationwide use or before incurring costs related to marketing materials displaying the mark.

  • The best searches are conducted by ...

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