What is a Trademark Search or Trademark Lookup?
A trademark search (sometimes called a trademark lookup) is the process of examining databases for any existing registered trademarks that resemble your chosen brand name, logo, or slogan. This search helps you determine if anyone else has a claim on your desired mark in your industry, which could impact your legal rights and potential to secure a trademark.
In the U.S., the Trademark Electronic Search System (TESS), hosted by the United States Patent and Trademark Office (USPTO), is a popular place to start. However, a comprehensive trademark search goes beyond TESS, often including state databases and international sources for businesses expanding beyond the U.S.
Why a Trademark Search and Lookup is Essential
Conducting a trademark search is more than a formality; it’s a critical step to avoid future complications and potential costs. Here’s why:
- Avoids Legal Disputes: Using a brand name, logo, or slogan that’s already trademarked can lead to lawsuits, financial penalties, and forced rebranding. A trademark search helps you sidestep these costly conflicts by confirming that your brand identity is unique and doesn’t infringe on anyone else’s rights.
- Improves Application Success: The USPTO and similar organizations will reject trademark applications that could confuse consumers due to similarity with existing marks. A thorough trademark search beforehand increases your chances of a successful application by confirming that your chosen mark is truly original.
- Protects Your Brand Investment: Creating a recognizable brand takes effort, time, and money. Conducting a trademark search protects this investment by ensuring that your name and logo are distinct. This legal protection allows you to focus on building brand loyalty and scaling your business without the risk of rebranding.
- Builds a Unique Brand Identity: In a crowded market, a distinct identity is key. Verifying your brand’s uniqueness through a trademark lookup establishes your identity and protects it, creating trust and recognition with your audience.
How to Conduct a Trademark Search
- Start with the USPTO’s TESS Database: For businesses in the U.S., the Trademark Electronic Search System (TESS) is a free tool that allows you to look up existing trademarks. Input keywords related to your brand to identify any trademarks that could resemble your own. Pay attention to both identical and similar marks, as even partial matches could affect your application.
- Include State Databases and Common Law Rights: Not every business registers with the USPTO. Many trademarks are registered only at the state level, while some rely on common law rights through regular business use. Search state databases, business directories, and online sources like social media to identify any unregistered trademarks that might still have legal standing.
- Consider Professional Trademark Search Services: If you want to cover all bases, professional trademark search services provide deeper insights across federal, state, and common law databases. These services often check for phonetic and visual similarities that basic searches may miss, offering a more complete picture of potential conflicts.
- International Trademark Search if Needed: If you’re planning to operate internationally, consider searching in databases beyond the U.S. The WIPO Global Brand Database and EUIPO eSearch Plus can help identify trademarks in other countries, helping you avoid potential issues when expanding globally.
What to Do After a Trademark Search
If your search confirms that your brand name, logo, or slogan is unique, the next step is to apply for trademark registration. In the U.S., this means submitting an application to the USPTO, where you’ll provide details about your brand’s intended use. The USPTO reviews applications over several months and may ask for additional information to verify your claim.
Once your trademark is approved, you’ll receive exclusive rights to your mark in your industry, allowing you to take legal action if others attempt to infringe on your brand.
Trademark Monitoring After Registration
Securing a trademark is only the beginning. Ongoing trademark monitoring is crucial to ensure no new brands infringe on your rights. Monitoring services alert you when someone files for a mark similar to yours, letting you act quickly to protect your brand.
Best Practices for a Thorough Trademark Search and Lookup
- Experiment with Variations: Check for alternate spellings, abbreviations, and phonetic variations of your chosen brand name to ensure no confusingly similar marks exist.
- Look for Visual Similarities in Logos: If you’re trademarking a logo, search for similar designs, colors, and shapes, as visual likeness can impact trademark approval.
- Consult a Legal Expert if Needed: Trademark law can be complex, and an experienced attorney can interpret your search results and guide you through any complications that arise.
Conclusion
Performing a trademark search or lookup is an essential step for building a legally protected, successful brand. By confirming that your brand name, logo, or slogan is unique, you avoid legal risks, protect your investment, and establish a strong foundation for growth. Taking the time to conduct a comprehensive trademark search ensures your brand’s identity is secure, allowing you to focus on what truly matters: growing your business.