Launching a new product or service? Congratulations you’re stepping into the exciting world of branding! But before you print business cards or set up that fancy website, there’s one step that often gets overlooked but can save you countless headaches later: a thorough trademark search.
If you’re in the US (or planning to do business here), here’s why a trademark search should be at the very top of your to-do list and how you can go about it the smart way.
What is a Trademark Search, Exactly?
A trademark search is simply the process of checking if the name, logo, slogan, or design you want to use is already claimed by someone else. The United States Patent and Trademark Office (USPTO) maintains a huge database called TESS (Trademark Electronic Search System). But a complete trademark search usually goes beyond that.
Many businesses forget that potential conflicts don’t just come from registered trademarks. Common law trademarks rights acquired through actual use even without formal registration can also block you from using a name, or even land you in court.
Why is it So Important?
Think about it this way: you put months of effort and thousands of dollars into building your brand identity, designing packaging, marketing your launch… only to receive a cease-and-desist letter from a company that already owns the rights to your chosen name. Suddenly, you’re forced to rebrand, throw away inventory, and start all over again.
A trademark search helps protect you from this worst-case scenario. It gives you the peace of mind that you’re building your business on solid ground.
Plus, investors and partners love seeing that you’ve done your homework. It shows that you’re serious and that you understand the value of intellectual property.
How to Do a Smart Trademark Search
Here’s a simple, US-focused approach to doing a trademark search:
1. Start with the USPTO database (TESS):
Head to TESS and run searches for your desired name, plus variations, similar spellings, plural/singular versions, and phonetic equivalents.
2. Check common law uses:
Do a broad search online: Google, social media, and local business directories. Just because something isn’t registered doesn’t mean it’s not protected.
3. Look at domain names:
See if the .com, .net, and popular domain variations are taken. This can be an early sign someone is using a similar name commercially.
4. Search state trademark databases:
Some businesses only register trademarks at the state level.
5. Consider professional help:
If your brand is a major investment, it’s worth hiring a trademark attorney or a specialized search firm. They have tools and experience to uncover hidden conflicts that you might miss.
