The process of adopting a new trademark - as well as potentially registering that trademark - typically begins with some form of a trademark clearance search, through which it is better determined whether there are any "confusingly similar" third-party marks already out there (federal, state, and/or common law, depending on the scope of the search) in connection with the same or similar goods and/or services.

Typically, when we assist a client with a new trademark, we will perform a quick preliminary search of the U.S. federal trademark database at no charge - though the cost (if any) will ultimately depend on the number of goods/services that will be offered under the mark. These preliminary searches are not necessarily comprehensive, but they are used simply as a quick indicator as to the existence of any readily apparent confusingly similar federal trademarks.

We also offer more comprehensive search options which can include not only the U.S. federal trademark database, but also state trademark databases, select common law trademark sources, and even international trademark databases (depending on where you plan to use the mark). The cost for such a comprehensive search would ultimately depend on the number of goods/services that will be offered under the mark as well as the scope of the search to be performed. However, after gathering the necessary information from you, we will be able to provide you with a flat fee cost estimate for any type of search you might require.

Either way, based on our review and analysis of the search results, we will conclude whether your proposed trademark is likely available for adoption, use and registration. If as a result of our trademark search we are able to conclude that your trademark is likely registerable and you elect to move forward, we can typically get a federal or state trademark application on file in less than one week.

As an alternative or preliminary step, we encourage you to perform your own search to the best of your abilities first, using the USPTO Database. This will not be exhaustive, by any means; but it can be a great first step that you can do yourself for free to try and "knock out" your trademark. Performing basic Internet searches is another step you can take on your own, which could be helpful in turning up potential common law trademarks (in addition to registered trademarks).

If, after you perform your own search, you are unable to find anything similar to your trademark, or even if you do and you now need help in determining whether your trademark is potentially useable and/or registerable in light of the discovered similar trademarks, feel free to call 888-789-5789 or email us to schedule your FREE initial consultation, during which we can assist you further and answer any follow-up questions that you may have.