Search first.
Prior to filing your trademark application, a proper search of registered marks as well as marks that are currently pending application is not optional, but a must. While the USPTO does not require that you complete a search prior to filing your application a search will help you preemptively discover potential problems that may end up being costly down the line.
During your search you may find that a prior registered mark is strongly similar to your own, thereby giving you the opportunity to revise your mark before rejection due to a likelihood of confusion. The USPTO’s Trademark Electronic Search System (TESS), provides the ability to search trademarks directly. Go to the USPTO’s website for more information: https://www.uspto.gov/trademarks/search.
The USPTO’s database while expansive has limitations. It is restricted to federal trademark applications and registrations and does not include trademarks that have not been registered, but have “common law” rights. These types of trademarks have rights based on use of the mark in commerce in a particular geographic area. As such, a thorough search via internet, etc. should also be conducted.
The nuances and complexities of a proper and thorough search are essential to ensure proper preparation and cost efficiency when beginning the steps to file a trademark. For additional questions, please contact our firm by visiting our website at www.chungkimlaw.com.