Why you MUST Conduct a Clearance Search for your Trademark

It is extremely important to run a clearance search for your trademark to verify that it is available for you to register at the United States Patent and Trademark Office (USPTO). Conducting a search will determine if there is a “likelihood of confusion” with the consumers as to the source of the goods or services offered by the mark.

The goal of conducting a clearance search is to determine whether the mark (or a similar mark) is being used by another party in the same or related industry. If you discover a third party is using a similar mark in an unrelated industry, it could also be an obstacle if it has obtained a certain level of public recognition. Famous or well-known trademarks are given broad protections. Conducting a search will allow you to discover whether or not your chosen mark will infringe upon any other parties’ rights in a protected mark.

The reason it is vital that you perform a clearance search is to save yourself time, money, and resources. It also helps to eliminate potential litigation over the legitimacy of your use of the mark. Although you can conduct the search on your own, it is wiser to obtain the assistance of a knowledgeabel trademark attorney. You can easily miss a mark that would cause a likelihood of confusion because you didn’t search the phonetic variations of your mark.

Failure to conduct a proper search could, at a minimum, result in your application being rejected. However, worse case scenario, you could have a trademark infringement lawsuit filed against you. This type of litigation can be devastating to a company, and it is easily preventable by having a thorough search of your mark performed.

In the United States, it is essential to search both federal and state registers, as well as unregistered use. The examiners at the USPTO do not search unregistered marks, so failure to have this type of search performed in advance could result in a trademark infringement lawsuit. Thus, paying a small fee upfront to protect yourself can save you signifiant sums in the future.

If you are interested in learning more about conducting a clearance search for your trademark, contact the legal team at The Swenson Law Firm for assistance.

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