What is a trademark search and do I need one (Legal Road Map® Podcast S3E71)

Registering a trademark is a lengthy, multi-step process, and it can be tempting to skip the first step of running a trademark search before filing that registration application. But I’m sharing all the reasons why skipping the search is a bad idea.

In this episode you’ll learn:

  • What a trademark clearance search is and why you should do one every time you choose a name for a new business, product, or service
  • How you may be able to DIY your clearance search
  • When you still may be able to use a business or product name even if it’s already being used by someone else
  • How a knockout search helps determine what (if any) risks you may face if you apply to register your trademark with the USPTO
  • Why it’s so important to look at trademarks used for products and services that you don’t sell, but are related to what you sell, in a knockout search
  • What a search will tell you about how strong your trademark is, and how hard it will be to defend it if you do receive a trademark registration certificate

Key takeaway: Whether you start the trademark search process on your own, or work with a lawyer from the very beginning, one thing is for sure: failing to spend a little time and/or money on a trademark search early can be costly down the road.

This podcast is information, not legal advice specific to your situation.

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