Before a trademark application is filed, it is often advisable to perform a trademark search. A search can be used to evaluate the risks associated with using a mark and is also helpful for determining the likelihood of federally registering the mark.
There are two types of trademark searches that can usually be run: a comprehensive search and a knockout search. A comprehensive search usually looks for identical and similar marks at the Trademark Office and in common law usage, which includes any instances of the mark being used outside of the Trademark Office, such as business trade names, internet usage, phone numbers, and other local usage. Comprehensive searches require a significant amount of investigation, analysis, and time.
A knockout search is a much more cursory search. The purpose of the knockout search is limited to reviewing filings at the Trademark Office for anything that may pose an immediate danger. Identical marks and very, very similar marks – in terms of sight and sound, generally – may be found in a knockout search, while confusingly similar marks may be missed. Knockout searches are merely quick reviews to eliminate the potential mark if an obvious problem exists.
Some law firms bill for knockout searches. This firm doesn’t charge. However, even though a knockout search can be done quickly and cheaply, its purpose shouldn’t be confused; it is intended to find only the most obvious of issues for a mark as means of eliminating a vulnerable mark. If you’re planning on expanding geographically, using the mark broadly, or establishing a legitimate brand force, you should strongly consider a comprehensive search. Speak with a local trademark attorney for more advice on your particular situation.