Introduction
Before filing your trademark application, it’s essential to ask: “Is my brand name, logo, or slogan truly available?” The only way to answer that question with confidence is through a trademark search service.
A trademark search is more than just typing your name into Google or the USPTO database. It’s a comprehensive process designed to uncover conflicts that could derail your application or spark disputes down the road.
Let’s break down what you should expect from a professional trademark search service and why it’s one of the smartest investments you can make for your business.
Why a Trademark Search Matters
The USPTO will refuse your application if your mark is confusingly similar to an existing registration. Even if your application somehow slips through, you could still face oppositions, cancellations, or lawsuits.
Without a search, you risk:
-
Losing nonrefundable USPTO filing fees.
-
Facing costly rebranding after launch.
-
Damaging your credibility with investors or customers.
In short: a trademark search helps you avoid roadblocks before you file, saving time, money, and stress.
Levels of a Trademark Search
A professional service usually offers multiple tiers of searches, depending on your needs. Here’s what each level typically involves:
Knockout Search
-
A quick scan of the USPTO’s TESS database.
-
Identifies obvious conflicts with identical or nearly identical marks.
-
Helpful for ruling out marks before investing heavily in branding.
Comprehensive Search
-
Covers federal, state, and common law databases.
-
Includes business directories, web domains, and social media.
-
Detects phonetic equivalents, spelling variations, and foreign translations.
-
Provides a much clearer picture of risk.
International Search
-
Essential if you plan to expand globally.
-
Searches databases from WIPO and national trademark offices.
-
Protects your ability to scale internationally without conflicts.
What You Receive in a Trademark Search Report
A quality trademark search service delivers more than just a list of results. You should expect:
-
A detailed report of similar marks, including their status and owners.
-
Analysis of risk: Are these marks likely to block your application or create consumer confusion?
-
Recommendations: Guidance on whether to proceed, modify your mark, or rebrand.
-
Clear explanations: Plain-language summaries rather than overwhelming legal jargon.
Remember: data without analysis is just noise. The real value comes from knowing how to interpret the results.
Why Work With an Attorney Instead of a DIY Service?
There are plenty of cheap online search services that generate reports. But here’s the catch:
-
They rarely include common law uses, which can still block your mark.
-
They don’t interpret the results or advise on legal risks.
-
They may overwhelm you with irrelevant data.
At Cohn Legal, PLLC, we go beyond data dumps. Our attorneys provide:
-
A comprehensive search that covers federal, state, and unregistered marks.
-
Legal analysis tailored to your industry and goals.
-
Strategic recommendations on filing, rebranding, or modifying your application.
Think of us as your legal consigliere, simplifying complex results so you can make confident decisions.
When to Order a Trademark Search
The best time to conduct a search is before filing your application. But you may also consider one:
-
Before launching a new brand, product, or service.
-
When expanding into new industries or product categories.
-
Before entering new geographic markets, especially internationally.
Early searches prevent surprises and protect your investments.
Costs of a Trademark Search Service
Trademark search costs vary depending on the scope:
-
Knockout searches: Often free or included with filing packages.
-
Comprehensive searches: Typically $300–$600 when handled by an attorney.
-
International searches: Higher, depending on how many jurisdictions are covered.
While this may feel like an added expense, it’s far less than the cost of litigation or rebranding if your mark faces challenges.
Conclusion
So, what should you expect from a trademark search service? At minimum, it should uncover existing marks, analyze the risk of conflict, and guide your next steps. The best services go further providing not just information, but legal insight and strategy.
Your brand is worth everything. Don’t gamble on incomplete or automated searches. Work with professionals who can help you move forward with clarity and confidence.
Think big. Create and protect your dreams. And if you’re ready to start your trademark journey, we’re here to help every step of the way.
Schedule your free consultation with Cohn Legal, PLLC today.