Trademark Searches

The different kinds of trademark searches, and when to perform them

How can I check the status of a trademark registration or application for registration?

Basic information about the status of a registration or application (live vs. dead) is displayed in the results of a federal trademark search. More detailed information about the status of a trademark registration or application for registration can be obtained using the USPTO’s Trademark Status & Document Retrieval (TSDR) system. You can search TSDR by […]

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What is a “comprehensive trademark search”?

A comprehensive trademark search is one that is intended to discover conflicting and potentially conflicting trademarks of any kind, including both federally registered trademarks and common law trademarks. In includes both a USPTO search and a common law search. Sources searched include: USPTO database; State trademark databases; Business directories; Trade journals; Social media; The Internet

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What is a “common law trademark search”?

A common law trademark search is a search for trademarks that are not federally registered.

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What are “live” and “dead” trademarks in the federal database, and why is this important?

A “live” trademark registration or application is one that is active (on either the Principal or Supplemental Register), or pending (one that has been applied for and is undergoing examination.) A “dead” trademark registration or application for registration is one that has been abandoned, withdrawn, or cancelled. The distinction is important because the USPTO will

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Which trademarks are in the USPTO database?

The USPTO trademark database includes federally registered trademarks (both the Principal and Supplemental Registers), trademarks for which federal registration has been applied, and trademarks that were formerly registered at one time but no longer are. Common law trademarks for which federal registration has never been sought are not in the USPTO database. A search for

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What is a “federal trademark search”?

A federal trademark search (also called a “USPTO search”) is a search of the United States Patent and Trademark Office (USPTO) database. The USPTO provides search tools that facilitate searching its database for potentially conflicting marks.

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What is a “knockout search”?

A “knockout search ” is a quick, preliminary search of the USPTO’s database for exact matches, to eliminate obvious conflicts.

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Why is it important to perform a trademark search?

Trademark searches are conducted to ensure that a brand or proposed trademark is not confusingly similar to an existing one. Ideally, a trademark search should be conducted prior to investing in developing a brand, or spending money on marketing and legal fees. A competently conducted trademark search can also reduce the risk of a cease-and-desist

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