Note: The pre-search review of trademark registrability is included in the flat-fee USPTO trademark registration package.
A comprehensive trademark search is a thorough search for existing trademarks similar to yours that might lead to the USPTO rejecting your application and/or cause other legal challenges down the road.
A proper search goes through the USPTO trademark registry, all state trademark registries, and commercial usage of non-registered marks. The search is not only conduced for exact matches, but all trademarks similar enough to cause consumer confusion about the source of the goods and/or services associated with the trademark.
JSTMS takes a belt-and-suspenders approach to the search by both:
The best time to identify potential trademark issues is as early as possible. Ideally, a comprehensive search should be conducted when selecting your trademark, before investing significant resources in its use and promotion. At the very least, this search should be completed before filing an application with the USPTO.
Skipping this step can lead to costly consequences. The USPTO will reject your application if your trademark is too similar to an existing one, even if you were unaware of it. A rejection based on a likelihood of confusion could force you into an expensive and time-consuming rebranding process. This final rejection would typically occur 12 to 18 months after filing, when you have already invested heavily in marketing and brand development.
A thorough trademark search helps uncover potential conflicts before you apply, allowing you to assess risks and adjust your strategy early. This proactive approach increases the chances of a smooth registration process, saving you time, money, and frustration.
