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Trademark Conflict Search

Trademark Conflict Search

Our Service

 

Our firm conducts a trademark conflict or clearance search as the first step for every new trademark. Our firm includes a professional search at no additional cost for clients who pick our Premium Package. We also offer trademark searches as a standalone service for clients who pick our Standard Package and for clients who may have a specific trademark concern or if there are unique circumstances in their case. Our firm charges $250 to perform a comprehensive trademark search and provide an accompanying legal opinion.

 

We use specialized search software that searches the USPTO trademark database, state-level trademark databases, various common law trademark databases, and the Internet. Specifically, we use our software to search for spelling variations, partial matches, phonetic equivalents, and other common causes of rejection so that we can advise our clients on the viability of the proposed trademark.

 

STEP 1 – Perform a Knockout Federal Trademark Search

 

The “Knockout” federal trademark search is a good place to begin your trademark search. This is something you can and should do yourself using the Trademark Electronic Search System (TESS).

However, performing a knock-out search won’t tell you whether your trademark is eligible for use and registration, or whether your trademark application will be approved after it’s reviewed by an examining attorney at the USPTO.

If you don’t uncover any obvious conflicts when performing the knockout search using TESS, the next step is to perform a comprehensive federal trademark search. This is the type of trademark search that we typically conduct for our clients. It provides the best guidance regarding trademark availability and registration eligibility for the least amount of money. 

 

Step 2 – Perform a Comprehensive Federal Trademark Search

 

Our firm uses specialized software to search through the USPTO’s databases to search the USPTO records in order to:

 

(1) analyze whether your mark falls into one of the numerous categories of trademarks that are eligible for registration

(2) determine whether your mark is likely to cause confusion with any other mark that’s currently registered or pending registration

(3) assess the likelihood that your trademark will be approved

(4) assess the probability of a third-party filing a trademark opposition against your application once it’s published for opposition

 

Once the comprehensive federal trademark search and analysis are completed, we will provide you with a detailed opinion containing the following information:

 

  • any substantial risks associated with using and applying to register your trademark;
  • the costs associated with attempting to overcome any anticipated refusals by the USPTO or challenges by a third-party; and
  • the probability of successfully registering your trademark and how long it might take.

 

Based on the search results and your attorney’s opinion, you’ll then decide whether you want to start the U.S. trademark application process, or whether it might be better to come up with a different mark that could potentially be less problematic.

 

We Specialize in Performing Trademark Searches for Our Clients

 

If you have any questions about which type of trademark search is right for you, or you would like to work with a skilled and experienced U.S. licensed attorney, contact us for your free consultation. We can be reached at 1 800-651-7301, via email at info@trademarkattorneyslosangeles.com, or through our contact form below.

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