A more comprehensive
search (to include unregistered common law marks, trade names and domain
names) may be recommended, depending on your specific needs. For
example, if franchise operations are planned, a comprehensive search of
unregistered (common law) marks and state trademark registrations should be
may be acquired by actual use of a trademark, and if you know or become
aware of the same or similar mark being used on a competitive product,
please let us know, with details, so we may advise you further regarding
selection and clearance of a more promising mark.
Our search looks for
marks that are the same or similar to your mark and which cover goods or
services that are the same or similar to those for which you intend to use
your mark. However, use and/or registration of your mark may be brought into
question if the same or similar mark is already registered for goods or
services that are not similar to your goods or services, where the use of
your mark would dilute, diminish or otherwise compromise a distinctive
quality of a "famous" or well known mark.
should consider carefully before adopting a mark which is the same as or
similar to a famous or well known mark that is being used by another
company, even if it is being used in a different field of activity.
Please tell us about any such mark even though you may feel that it is
totally unrelated to your business.
You should be aware
that a mark will not be accepted for registration if it is merely
descriptive of any of the goods or services that are to be claimed. It
is not practical for us to check this except in obvious cases, since the
range of terms used in any field of business is large. You are in a better
position to know the commercial terms commonly used in your field of
business. Please tell us if you think there may be a problem so that we can
Our regular searches
are made using the U.S. Trademark Office data base (which includes
registered marks and pending applications) and a private data base search
service for comprehensive common law searches. Although we have no
reason to doubt the reliability of these data bases, we cannot be
responsible for data base errors or omissions.
There is sometimes a
delay of up to three months before new data is posted for searching in the
on-line records of the U.S. Trademark Office. Therefore, some recently
filed applications and registrations may not be available for searching at
the time your search is conducted.
The data from the
U.S. Trademark Office registry does not always show if a foreign origin
application is to be made retroactive to the filing
date of a priority application in another country. This information
may not be available until registration. Such backdating could move back the
priority date of a
potentially conflicting application by up to six months.
otherwise, our searches are limited to trademark applications and
registrations that give rise to rights in the U.S. Let us know If you
extend the search to other
countries. In some countries, for example in Canada and European
countries, use without registration can give rise to substantial rights, the
same as here in the U.S.