Conducting a Simple Trademark Availability Search
- Private Individuals
- Sole Proprietorships
- General Partnerships
- Limited Liability Companies
- Limited Liability Partnerships
Additional Information: On November 30, 2023, the United States Patent and Trademark Office (USPTO) implemented a new, more user-friendly trademark search system. While the process has been greatly simplified, there are still a lot of different factors and criteria that need to be considered. For example, finding no results for your trademark doesn’t necessarily mean that it’s unique or strong enough for registration. Advice for selecting a strong trademark can be found in our Insight here, but first, let’s get into some pointers on how to properly conduct a “knock out” or simple trademark availability search.
A “knockout” or simple trademark availability search is a preliminary step in the trademark registration process. It’s useful for “knocking out” any obviously conflicting trademarks that have already been registered with the USPTO. If you find results that are too similar to your chosen mark, then you might need to think of alternatives. Otherwise, you could face accusations of infringement later on.
A simple trademark availabillity search can be done on your own, but it’s no substitute for a comprehensive trademark availability search conducted by an experienced trademark attorney. Knockout searches are a simplified method that can sometimes miss trademarks that aren’t exactly the same as your own but could still be similar enough to cause problems. Working with a lawyer is the best way to ensure your trademark’s strength and availability.
Performing a Knock Out or Simple Trademark Availability Search
1. Go to the United States Patent and Trademark Office’s search page (uspto.gov).
2. After carefully reviewing the USPTO’s instructions, check your mark’s availability using the search box pictured below.
3. The results page will show you relevant information for any related or matching marks, including their status, class, and more. You can use this information to evaluate the strength of your trademark by cross-referencing your results with the criteria below.
The Limitations of a Knock Out or Simple Trademark Availability Search
As you consider your trademark’s chances of registration, keep in mind that a simple trademark availability search like this one is no substitute for actual legal guidance. These results cannot guarantee that your trademark is available for registration. Contact our corporate law firm today for reliable guidance through the trademark search and registration process.
Live Trademarks and Dead Trademarks
Taken or Similar Names
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