FOCUSED ATTORNEY GUIDANCE
Trademark Search & Clearance
A strong brand starts with a strong legal foundation.
Our flat-fee Comprehensive Trademark Search & Clearance service helps you understand whether your trademark is one you can confidently build around.
We look beyond exact matches to identify potential conflicts, evaluate possible barriers to registration, and consider how effectively the mark may distinguish your brand in the marketplace.
You receive clear, practical guidance from an experienced trademark attorney, giving you a stronger basis for moving forward and investing in your brand with confidence.
OUR FLAT FEE
$1,100
Some restrictions apply*
Comprehensive federal, state, and common-law search
Review of potentially conflicting trademarks
Attorney analysis of legal risk and registrability
Written clearance opinion with recommended next steps
Consultation to discuss the findings
What’s Included:
Comprehensive Search:
At RL Law, we use a professional grade search software, Markify, to ensure your search is as accurate as possible. Using Markify, we conduct a thorough search of federal and state trademark databases, common law usage, and other relevant sources of information to identify existing trademarks that may conflict with your proposed trademark.
In-Depth Analysis:
Once the search is complete, we will analyze the results and provide you with a detailed report that outlines any potential conflicts and legal risks associated with your proposed trademark.
Customized Recommendations:
Based on the results of the search and analysis, we will provide you with customized recommendations for moving forward with your trademark registration or branding efforts.
Strategy Consultation:
Once you’ve had a chance to review our opinion and recommendations, we’ll schedule a 30 minute consultation with you to answer any lingering questions you may have and help you plan out your next steps to protecting your brand. If a rebrand is necessary, we’ll cover a second search free of charge!
*The $1,100 flat fee quoted on this page and throughout the website applies to a comprehensive search of a single word mark and is limited to a search withing the United States. Please contact us for a personalized quote if you require a more extensive search that falls outside of our standard package.
FAQs
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A trademark search and clearance is a process of researching and analyzing existing trademarks to determine if your proposed trademark is available for use and registration. It involves searching a variety of databases and sources to identify potential conflicts with existing trademarks. Our search and clearance service also involves an analysis of the proposed trademark’s strength and registerability. A strong trademark is one that is distinctive and unique, and therefore more likely to be registered and protected under trademark law.
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A trademark search and clearance is important because it helps you identify potential conflicts with existing trademarks before you invest time and money into your proposed trademark. It can help you avoid legal disputes and costly litigation down the line, and it can help ensure that your trademark is distinctive and protectable.
In addition, evaluating the registerability and strength of your proposed trademark can help you avoid wasting time and resources on a trademark that may be difficult to register or protect.
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You should conduct a trademark search and clearance before using or registering a new trademark. This can help you avoid potential legal issues and ensure that your brand is protected. It's important to conduct a search and clearance early in the process, as it can be difficult and costly to modify or change your trademark once you have invested in branding and marketing efforts. Additionally, conducting a trademark search and clearance can help you identify potential conflicts and choose a strong, protectable trademark that will help you build a successful brand.Item description
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There are two main types of trademark searches: a knockout search and a comprehensive search.
A knockout search is a preliminary search that checks for identical or highly similar trademarks. A comprehensive search, like ours, is a more thorough search that checks for any potential conflicts or similarities. It typically involves conducting a comprehensive search of existing trademarks, including registered trademarks and common law trademarks (i.e. unregistered trademarks that have been in use for some time). This may involve searching a variety of databases, including the USPTO's Trademark Electronic Search System (TESS), state trademark databases, and other online resources. Once the search is complete, the results are analyzed to identify potential conflicts and registerability issues.
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It is possible to conduct a trademark search and clearance on your own, but it is recommended to work with an experienced trademark attorney.
There are many professional trademark search services available that can help business owners identify potential conflicts with their trademark. These services however, merely provide search results and data, leaving the legal analysis and interpretation to the client. This is where a trademark attorney can be invaluable. A qualified trademark attorney can go beyond the search results. We can interpret search results in the context of applicable legal principles, assess the strength of the marks, evaluate potential risks of confusion, and offer comprehensive advice tailored to your specific circumstances.
If you have recently obtained a trademark search report for your mark, we are happy to work with you to analyze the results and help you determine the best course of action. Simply fill out our contact form for a personalized quote and get started.
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The length of time it takes to complete a trademark search and clearance can vary depending on a number of factors, including the complexity of the search and the number of trademarks that need to be reviewed. In general, it can take anywhere from a few days to several weeks to complete a thorough search and clearance. We typically aim to have our comprehensive search and clearances completed within 4 weeks.
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If your proposed trademark conflicts with an existing trademark, it may not be eligible for registration and you may be at risk of infringement. In this case, you may need to modify your proposed trademark or choose a new one that does not infringe upon existing trademark rights.
If you partner with us for your search and clearance, we will work with you to develop a strategy to overcome this hurdle and will conduct a complimentary back-up search on an alternate trademark.
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Unfortunately there are no guarantees when it comes to trademarks. A trademark search cannot guarantee that your proposed trademark is available because there may be unregistered or common law trademarks that are similar to your proposed trademark but not included in the search databases. Additionally, trademark rights can vary depending on factors such as the industry, geography, and actual use of the trademark.
Therefore, even if a trademark search does not identify any conflicts, there is always a risk that a similar or identical trademark may be used by another party and could result in infringement issues in the future. However, conducting a thorough trademark search and clearance can significantly reduce the risk of potential conflicts and provide valuable information for making informed decisions about your branding and marketing strategy.