Trademark Clearance Searches

Before you file a trademark application, or invest further in a brand, you should know whether someone else can stop you from using it. A trademark clearance search evaluates the risk that the USPTO will refuse your application, and the separate but equally important risk that you may be infringing an existing mark that someone else has the right to enforce against you. These are two distinct risks, and both matter. A USPTO refusal can delay and potentially block registration, leading to a costly rebrand. An infringement claim goes a step further, with potential litigation costs and exposure to damages.

What a Trademark Search Covers

A professional trademark clearance search goes beyond a basic USPTO database search. Five Dogs Law uses a leading third-party search algorithm to identify potentially conflicting marks. The search results are then manually reviewed by Jared, who prepares a written risk opinion identifying any potentially conflicting marks, explaining the nature of each risk, and recommending a course of action.

Depending on your circumstances, it may also be appropriate to run an even more comprehensive search that includes common law marks and registrations in foreign jurisdictions of commercial interest.

Why a DIY Search Is Not Enough

Many applicants search the USPTO's public trademark database themselves before filing. This is better than nothing, but it is not a substitute for a professional clearance search. A DIY search typically catches only exact or near-exact matches in the federal database. It misses phonetic and other variations hard to discover with searches, and the legal analysis needed to assess whether a found mark actually poses a conflict under the DuPont factors. Without that analysis, you may file with a false sense of security or needlessly abandon a mark that could have been approved.

When to Conduct a Trademark Search

The right time to conduct a clearance search is before you file, and ideally before you invest heavily in branding, marketing, or product development under a particular name. The earlier a conflict is identified, the cheaper and easier it is to address. Discovering it after launch can mean a disruptive and expensive rebrand.

A clearance search is also useful when you are evaluating whether to acquire a business or brand, when you are considering expanding an existing brand into new product categories, or when you receive a cease and desist letter and want to understand your position.

What You Receive

Five Dogs Law delivers a written attorney risk opinion that includes a summary of the search results, an assessment of the most significant potential conflicts, a plain-English explanation of the relevant legal standards, and a recommendation on whether and how to proceed. The opinion is designed to give you the information you need to make a business decision, not just a legal briefing.

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