At MAVEN, we often brainstorm with our clients to help them select a trademark, slogan, or design that will have the most immediate value (think “spectrum of distinctiveness”) and the greatest chance of developing into a very strong asset.
A trademark search is an important step in the trademark selection and protection process. While not a prerequisite to filing, a trademark search is always recommended prior to adopting, using, or registering a mark. The purpose of a trademark search is to identify marks that are identical, nearly identical, or similar to a proposed mark in connection with related or closely-related products/services. The similarity between the marks and the products/services will directly impact whether such citations will act as bars to the adoption, use, and registration of a particular mark.
While there is always some risk with the adoption, use, or attempt to register a new mark, name or slogan — (or in connection with expanding your brand to other product/service lines) — we can search the United States Patent and Trademark Office records, state registries, third party databases, and the marketplace to make sure that there are no conflicting uses that will harm you or your brand. It is always wise to conduct a comprehensive trademark search to assess the risk involved with the selection of a new mark or with a brand extension in the United States and/or any country where you plan to manufacture, market, or advertise your products/services. However, depending on your planned use, it may make more sense to utilize one of the less expensive risk assessment tools available. We can assist you with selecting the right search option for you.
If you are interested in discussing your proposed mark and possible search options, please find the Trademark Questionnaire on the News & Resources page. Our Clearance & Selection Services include:
- Collaborating with client on selecting most distinctive mark
- Identifying products and services for trademark clearance
- Knockout searches
- Comprehensive searches and with attorney analysis