Trademark Search Services

What Should You Look For During a Trademark Search? 

During a trademark search, you should look for protected IP that may conflict with yours. Things to pay close attention to include, but are not limited to, the following:

1. Similar names, logos, or slogans - Look closely for trademarks that may be identical or resemble your own. Of course, this includes exact matches, but it also includes slight pronunciation, spelling, or design variations that could cause confusion. 
2. Related industries - Even if two businesses operate in slightly different fields, consumers may still assume they are connected if their trademarks are similar. As such, you should pay attention to IP in industries that are related to yours. 
3. Geographic scope - If your business will serve a local market, check for trademarks used by nearby competitors, especially common law marks that may not be registered federally. If you have national ambitions, make certain there are no existing trademark uses across state lines that could limit your expansion.
4. Likelihood of consumer confusion - Ask yourself whether someone might easily confuse your brand with another. Consumer confusion is the primary concern in trademark law, so pay attention to branding elements that might unintentionally mislead consumers. 
5. Distinctiveness - A strong trademark is distinctive and stands out from others. Generic or descriptive marks that resemble existing ones are unlikely to be approved and may lead to legal conflicts. 

Can You Use Another's Trademarked IP if You Are in a Different Industry? 

In the list above, we noted that you ought to pay attention to trademarked IP in similar industries. But what about industries that are completely different? Technically, you can use another's trademarked IP if you operate in a completely different industry. 

However, there are certain limitations to this rule that you should be aware of:

• Famous trademarks - If the trademark is considered "famous" (e.g., Coca-Cola or Nike), it may receive broader protection and prevent you from using similar branding. 
• International trademark laws - Trademark laws vary from country to country, so while a mark may not conflict with yours in the US, it could be protected abroad. 
• Future expansion plans - Even if you are currently operating in a different industry, your future business plans may intersect with those who hold the trademarked IP, leading to legal conflicts.

What Happens After a Trademark Search?

What you do after a trademark search depends on its results. Ideally, you will find that your proposed mark does not conflict with existing ones. This can give you confidence that your venture will not face issues with IP infringement. Additionally, you can begin working to protect your name, logo, or slogan by applying for a trademark. 

If your branding features conflict with another's IP, you may have to go back to the drawing board and alter them. Additionally, you may negotiate with the trademark holder for permission to use similar IP.

Of course, your findings may not be so clear-cut. You could identify possible overlaps between your branding and another's but wonder if they constitute an infringement. In these cases, it is generally best to seek guidance from a trademark attorney.