Here is some background information on trademark availability issues. This information is provided purely by way of background and so that you understand the process. These are the most common questions we get on trademark availability.
FAQ Trademark Availability
Q. What is a trademark availability search?
A. In general, trademark availability is a search done by a qualified trademark attorney or staff member under that attorney’s direction to identify other possible uses of the market of your proposed trademark, or words which may create customer confusion as related to your proposed trademark in your proposed industry.
Q. Do I have to get a trademark availability search before registering a trademark?
A. The answer is No, however you will be taking a significant risk that you will either not achieve registration or even if you do achieve registration, that your trademark will later be determined to be invalid or infringing on someone else’s mark.
Q. I already did a Google search and checked the trademark database, isn’t this enough?
A. It depends. Most clients do not understand trademark law well enough to come up with a different variations of your proposed mark in order to do a comprehensive search. A search typically involves variations of your proposed trademark or service mark, phonetic variations and other advanced search techniques within the trademark database.