Many clients call my office wanting to know if their trademark is “available” for registration. The only way to determine if a trademark is available is to conduct a US trademark search. A US trademark search can be conducted on the Web site of the United States Patent and Trademark Office (www.uspto.gov).
While anyone can go on the USPTO Web site to conduct a trademark search, it is virtually impossible for an unskilled searcher to determine if a US trademark is capable of achieving registration. This is because the USPTO search engine is not robust enough to do a thorough US trademark search without the skill of an experienced searcher. In order to determine if a US trademark is capable of achieving registration, the US trademark searcher must break down the trademark into multiple parts and look for similar marks in categories containing related goods. Therefore, it is highly recommended that a US trademark lawyer is hired to conduct a US trademark search.
Moreover, in addition to the federal trademark database, a US trademark search must include a US state trademark search and a US common law search in order to provide full legal clearance for use of the trademark. This is because under US trademark law if someone has registered a trademark with a state or simply begun use of the trademark in commerce (i.e. a common law trademark), that person or company may have certain rights that could interfere with a federal trademark. Therefore, a complete US trademark search also includes a search of state and common law databases.
Once the US trademark search is complete, only a US trademark lawyer can interpret the results to provide an opinion on whether or not a US trademark is capable of achieving registration.
For a complete US trademark search please visit www.trademarkarmor.com
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