Four Things People Get Wrong About Trademark Searches
A trademark is one of the most valuable brand protection tools. It helps companies distinguish their products/services. Before you make a major investment into a trademark, you need to confirm that the path is clear. A trademark search is a very important step to building a strong brand. At Perkins Law — Brand Protection, we provide comprehensive trademark searches. Here, our Florida trademark lawyer explains four of the most common things that people get wrong about trademark searches.
These are Four Big Myths About Trademark Searches in Florida
- A Trademark Search is Not Important
False. Unfortunately, this is one of the most common misconceptions about trademark searches. A trademark search is a crucial step in the branding and trademark registration process. Without it, you risk adopting a name that conflicts with existing trademarks. A comprehensive search helps identify similar or conflicting marks. The best thing you can do when launching a new brand is to work with an attorney who can conduct a proper trademark search.
- No Identical Marks Were Found, Therefore I Am Clear
False. Trademarks are not just about identical matches—they also cover similar marks that could cause confusion. Even if you do not find an exact match, your application may still be denied if another mark sounds similar, has a related meaning, or looks alike—especially if it is used in a related industry. Indeed, the USPTO examines likelihood of confusion based on sight, sound, meaning, and commercial impression. Beyond that, competitors could challenge your mark even after registration. A proper search should include reasonably similar variations.
- Common Law Uses of a Trademark are Not Relevant
False. While you should always register your trademark to get the maximum protection, trademark rights in the United States are based on use and not just registration. Even if a business has not registered its trademark with the USPTO, it may have common law rights based on prior use in commerce. These rights can block your trademark application or lead to legal disputes if you attempt to use the name in the same geographic region or industry. State courts recognize common law trademark rights.
- A Quick Online Search is Good Enough
False. A basic Google search or a quick check of the USPTO database is insufficient for a proper trademark search. While these methods may reveal some existing trademarks, they often miss a wide range of potential conflicts. Professional comprehensive trademark searches cover federal and state databases, along with business directories, domain name registrations, and social media platforms. When making a big investment into a new business, a new product, or a new service, it is imperative that you conduct a truly thorough trademark clearance search. And, if you are planning to sell goods or services under your trademark outside of the United States, searching international databases is necessary.
You Can Rely On Perkins Law – Brand Protection for a Comprehensive Trademark Clearance Search
At Perkins Law — Brand Protection, we have extensive experience conducting comprehensive, detail-focused trademark searches. If you have any questions about trademark searches, our IP team is here to help. Contact our legal team online today for a fully confidential consultation. We provide trademark search services for clients throughout all of South Florida and the United States.
