What You Need to Know About Trademark Searches

When a company decides to change their logo or create a new product line that needs a name
and logo, they will task their marketing department or a branding consultant to develop the
new name and logo.

As the new names and logos are narrowed down to a select few choices, the person in charge
of the process should make sure that trademark searches are conducted on the proposed
new names and logos before any final decisions are made. This is important because the new
trademark and logo cannot be registered with the USPTO if someone already owns an
identical or similar trademark registration in the same (or similar) class of products or
services.

There are many types of searches that can be conducted, and the cost varies based on their
thoroughness.
● A preliminary search includes government databases, proprietary databases, and the
Internet.
● A comprehensive trademark search includes searches of registrations in all states of
the United States as well as the top internet search engines and domain names to
determine if anyone is using the mark in commerce. And it will include searches by
different classes (i.e. Class 25 for clothing, Class 30 coffee, Class 11 Coffee roasters,
Class 21 coffee mugs, Class 43 coffee shops).
● An international trademark search should be conducted if your company plans to sell
its products or services in other countries in the future.
When determining how much should be spent on a trademark search, a company needs to
balance the cost of search with the risks of not searching. Spending money upfront on a
comprehensive search may help prevent a company from spending thousands of dollars on a
new brand and then having to change their entire brand strategy because another company
is already using the trademark and has priority in the marketplace.