Trademark Searching
A trademark search is the critical legal step in the process of
selecting a new trademark. It is important to first determine whether a trademark is available for use. As
business attorneys, we believe that to launch a new product, service, or business without first conducting a trademark search is to flirt with disaster.
Simply stated, a trademark search is necessary because trademark rights under US trademark law are granted on a first come, first served basis - i.e, first in time, first in right. A business or individual entrepreneur obtains certain trademark rights by being the first in a given market either to use the mark or to file for (and successfully obtain) registration. Once the business or individual entrepreneur obtains such trademark rights, it is entitled to stop newcomers from using similar marks in ways that are likely to cause confusion.
Thus, any business or anyone who contemplates adopting a new mark faces the risk that another business or someone else may have already obtained rights to a similar market in the same
industry classification. A trademark search is the primary means of assessing that risk. Although a trademark search is not 100% foolproof, it is definitely a worthwhile investment.
For more information on a listing of the 45 different trademark classes, see:
» International Trademark Classes