Make Sure Your Mark Is Available Before Applying

Comprehensive Trademark Search

  •  Search Performed & Possible Conflicts Identified
  • Comprehensive Search Report
  • Attorney Opinion Letter
  • Copy Of Get Trademark Smart – Our Trademark Primer
Learn More

Save Time & Money With A Comprehensive Trademark Search

Comprehensive Search In 3 Easy Steps

How It Works

Step 1

Trademark Consultation

Answer A Few Questions

We’ll gather the information needed to begin your comprehensive trademark search.

Step 2

We Perform A Comprehensive Search

We search federal, state, common law, business names, newspapers, social media & domain names to identify possible conflicts.

Step 3

You Get A Detailed Report & Attorney Opinion Letter

You will receive a copy of the comprehensive search report and attorney opinion letter as to the availability of the mark for use and registration.

Ready To Start Your Comprehensive Trademark Search?

You Can

Save Time & Money Doing A Search Before Registering A Trademark

Before you file a trademark application with the USPTO  (and before you start to use any new trademark) it’s critically important to perform a comprehensive trademark search to ascertain whether your proposed mark is available. The comprehensive search is intended to discover whether your proposed mark or a confusingly similar mark is already registered or in use by another party for related goods or services.

By performing the comprehensive search before you commence use or apply to register a new trademark you can avoid legal conflicts and also avoid paying to apply for a trademark that probably will fail to register.

About Our

Comprehensive Trademark Search Services

Our industry-standard trademark search is designed to give you the necessary information and legal counseling so that you can make an informed decision as to whether your proposed mark is available for use and registration.  It covers USPTO exact, formative and similar marks for related goods or services; all 50 U.S. state registered trademarks, common law uses including web common law, business names and domain names, company names and newspaper references.

As part of this service feel free to telephone our office and ask us about important trademark law concepts such as Common law trademark rights, registration rights, infringement, likelihood of confusion, descriptiveness, genericness, secondary meaning, and dilution. Our goal is to educate you—our client—about trademark law so that you can use trademarks wisely.

Plus, you will receive a copy of our Get Trademark Smart! trademark law primer.

You will receive a copy of the comprehensive search report and attorney opinion letter as to the availability of the mark for use and registration.

After the search is completed and you have received the opinion letter and any additional consultation about the proposed mark, it will be time to decide whether to proceed with a trademark application to register the mark with the USPTO.  Our trademark application service includes an optional one year trademark watch subscription PLUS a mid-year TM usage review.*

You will receive an electronic copy of the trademark application filing order for your review prior to filing. Once you have approved the filing order and provided any necessary specimens of use, we will file the application for you.  You will receive an electronic filing receipt as proof of the filing.

About our Comprehensive Trademark Search: Our trademark search services provide you with vital business intelligence.  It’s very important to conduct a comprehensive trademark search before you apply for registration or begin using a new trademark.  By doing so you may be able to avoid expensive and disruptive problems stemming from use of a trademark that infringes on another party’s rights.

*Restrictions Apply

*Any quoted prices are for ordinary non-complex trademark searches and applications and do not include USPTO filing fees
*Please call in approximately six months to schedule your mid-year trademark usage review.

Comprehensive Trademark Search Frequently Asked Questions

Don’t see your question answered? Call (914) 723-0394

What Are Trademarks For?

A trademark is a word, phrase, sound, logo, image or other device that identifies the source of your product or service.  Think of brand names you are familiar with. You may find the quality of a certain brand to your liking, so you look for that brand when you want to purchase that product. If you prefer X brand of salt, you will purchase X brand next time you run out of salt. You will not purchase Y brand if X brand is available.  Thus, a trademark provides the business owner with value because it encourages customer loyalty. This is called good will.

What Different Types Of Trademarks Are There?

Trademarks are for goods.  Service marks are for services.  There are common law trademarks and registered trademarks.  In the United States we have common law. This law recognizes rights in trademarks through use.  If you use a trademark to identify the source  of your product or service, you establish common law trademark rights in the geographic are where you use the mark.  If you operate a barber shop in Denver, Colorado under the name ZEPPY CUTTER you will establish ZEPPY CUTTER as a common law mark for barber shop services in the Denver area.  No registration is required to establish common law trademark rights. But those rights are limited to the area where the mark is actually used.  Common law trademarks may be designated with the TM symbol, while common law service marks may be designated with the SM symbol.

Registered marks are those that have been issued a trademark registration certificate by the United states Patent and Trademark Office. One of the most important benefits of registering your trademark with the United States Patent and Trademark Office is that the registration gives you the presumptive right to use the trademark throughout the United States. Contrast this to the common law trademark that may only be asserted in those areas where it has actually been used. Once you have registered your trademark or service mark with the United States Patent and Trademark Office you should designate the registered mark with the ® symbol.  Registration is very important for any business that intends to provide products or services throughout the United States. Registration also allows you to easily apply for international trademark protection in many other countries and regions of the world, and if you file your international application within six months of your U.S. application you ordinarily can claim your U.S. filing date as the priority date for your claim to trademark rights in the countries or regions where your international application is filed.

Trademarks also differ in many other ways. Some trademarks are stronger than other trademarks based on the trademark itself (inherent strength) or its level of market penetration and consumer familiarity (market strength).  Arbitrary or fanciful marks— those that in no way are suggestive or descriptive of the product or service in connection with which they are used—have the greatest inherent strength.

What Are Some Characteristics Of A Strong Trademark?

A strong trademark is not descriptive of the goods or services in connection with which it is used. A strong trademark is one that is arbitrary or fanciful in relation to the product or service.  For example APPLE is an arbitrary mark for computers.  SHCRUMPO would be a fanciful mark for anything.  A fanciful mark is a coined term with no meaning whatsoever.

Suggestive marks are not as strong as fanciful or arbitrary marks, but they have the advantage of being easily associated with the product or service without describing the product or service. Think of SWINGING for hammocks, for example.  A descriptive mark is one that describes the product or services it is used in connection with.  Think SWEET for sugar.  Descriptive marks are weak and difficult to enforce because others will claim they need to use the term to describe their competing goods or services.  Thus it is ordinarily best to select a suggestive, arbitrary or fanciful mark for your goods or services. The line between suggestive marks and descriptive marks, however, is not always clear.  One type of trademark you must never adopt is a generic name.  You simply can’t claim trademark rights to a generic term. Thus, if you tried to claim the rights to the alleged trademark APPLE in connection with apples, you would not have any success.  You can’t claim any rights to APPLE brand apples. It’s a generic term when used for apples.

How Do I Keep From Infringing On Another Trademark?

You must not adopt and use a trademark that is confusingly similar to another party’s prior used or registered trademark for similar goods and services.  Thus, if there is a BIG FAT brand of sandwich shops, you should not open a competing sandwich shop under the mark BIG HAT.  Otherwise the owner of the BIG FAT trademark might go after you on a likelihood of confusion (trademark infringement) claim.  You also must not use another party’s famous trademark in connection with any goods or services.  So even though COCA-COLA is not in the private investigator field, you must not commence business as COCA COLA PRIVATE EYES.  If you did, you would be arguably liable for dilution of the famous COCA-COLA trademark.

The best way to avoid adopting and using a trademark that infringes another party’s rights is through a comprehensive trademark search and attorney opinion letter.  Please note, however, that trademark searching can reduce your risk of adopting an infringing trademark, but it cannot eliminate it.

Reasons Why The USPTO May Refuse Your Trademark Registration Application

The USPTO will refuse your registration if the trademark is merely descriptive or if it is too close to a prior registered or prior applied-for mark for related goods or services.

Various Reasons The USPTO May Reject Your Trademark Application

  • The mark is a surname
  • The mark is incapable of functioning as a trademark
  • The mark is or includes a flag of a state or nation
  • The mark identifies a living individual by using their name or likeness without their consent
  • The mark is a foreign word the English translation of which is descriptive or generic for the goods or services
  • The mark is a foreign word that is the equivalent of an English word that is already registered for the goods or services
  • The mark is merely geographically descriptive of the goods or services (for example NEW YORK PURSES for wallets and handbags manufactured in New York City)
  • The mark is deceptively misdescriptive of the goods or services (for example NEW YORK PURSES for wallets and handbags manufactured in China and imported by a company in California; or ALL NATURAL HEALTHY for yogurt with ingredients including artificial flavorings)

The USPTO formerly would refuse registration if it considered the mark to be disparaging, but this basis for refusal of registration has been held unconstitutional by the Supreme Court.

The Next Step:  Trademark Application

Unless the comprehensive trademark search indicates there’s a problem, the next step is ordinarily to apply for registration of your trademark. We’ll put our 18 years of experience to work drafting and filing an application to register your mark with the USPTO.  As part of this service, we will also follow the progress of the application and notify you of any necessary responses to USPTO office actions or inquiries.

Trademark Application Services

Start Your Comprehensive Trademark Search