Before filing an application for a trademark, it is highly advisable to conduct a trademark search. A basic trademark search includes registered trademarks and applications for trademarks in the United States. More comprehensive trademark searches include searching state trademark registrations and applications, common law usage (such as mentions in magazines), and international trademarks and applications.

We recommend at least performing a basic trademark search. This will discover similar marks, and assist in choosing a trademark. It will additionally allow you to tailor the classes of goods and services you would like to apply for. Trademarks are limited to specific categories (called classes) of goods and services. It is possible to have similar marks in different classes of goods (such as clothing and computer software). Our basic trademark search can be conducted within 5-7 business days, including review by an attorney. A basic trademark search performed by our firm costs $450 for an electronic version. Your trademark search includes review & discussion with a trademark attorney.

While a trademark application can be filed without conducting a trademark search, or just a basic trademark search, we recommend performing a comprehensive trademark search. This will include searching state trademark registrations and common law usages, such as in magazines. A comprehensive trademark search takes about 10 business days to perform, including analysis by an attorney.

We strongly discourage individuals from utilizing free trademark searches. It is possible to conduct a “pseudo” free trademark search through an Internet search, however that will not search many available trademark search databases (and we strongly discourage relying upon this type of free trademark search). One should also be wary of entities that offer free trademark searches- as they will have to recoup the cost of the free trademark search later. You will likely be overcharged for their subsequent services, or their free trademark search may not be thorough. The old motto “you get what you pay for” is certainly applicable to trademark searches. While our trademark searches are not free, you can rest assured that our search will provide you with results and opinion that will accurately assess potential conflicting trademarks to your own.

For a free initial telephone consultation, please contact us. Telephone consultations longer than 10 minutes, and in-person consultations, are available for a $200 consultation fee.



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