Before you file an application to register your mark, we highly recommend conducting a search. A search locates current applications, registrations and uses of the name, logo or slogan you are considering and of those that could be deemed confusingly similar. Other parties’ uses are important to know about, as they could be obstacles to your use and/or registration of your mark.
A search is important because:
- It supplies the information we need to ensure that your mark does not infringe an already-existing mark and informs us regarding potential risks associated with your use of the mark.
- It informs us regarding your chances of successfully registering the mark and provides information helpful in deciding how to draft your application.
- If your mark is ever challenged, a written search report from a trademark attorney can be used as evidence that you conducted due diligence before you starting using your mark. Parties that can show their due diligence may be found to have adopted the mark in good faith and/or upon the advice of counsel.
- You don’t want to have to change your name a few years down the road. Doing so costs a lot, both financially and in the goodwill you will have built up in the mark. It’s better to know if there could be problems with your mark at the outset.