HOW TO CONDUCT A TRADEMARK SEARCH? | A LAWYER EXPLAINS #lawyer #law

HOW TO CONDUCT A TRADEMARK SEARCH? | A LAWYER EXPLAINS #lawyer #law

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IN THIS VIDEO WE DISCUSS, HOW TO CONDUCT A TRADEMARK SEARCH | HOW TO DO A TRADEMARK SEARCH | TRADEMARK LAWYER ⚖️ #shorts
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IV. TRADEMARK SEARCH

A trademark search, also known as the “clearance” process, should be conducted before applying for trademark registration so that you do not waste the non-refundable filing fee. The USPTO’s Trademark Electronic Search System (TESS) can be used to conduct a free clearance search for word marks, design marks, and combinations of words and designs that are being used or applied for. The search focuses on whether there is a “likelihood of confusion” between your mark and a mark that has already been applied for or registered. A likelihood of confusion results when there is the same or similar mark and related goods and services. If there is a likelihood of confusion, your mark will be refused.

There are no set rules for conducting a search. The TESS (for Federal registrations and applications), Secretary of State web sites (for State registrations), and online internet searches (for common law trademarks) should be examined. Furthermore, the marks must be evaluated to determine if they are in the same class of goods and services.

A comprehensive search is offered by trademark search companies. The price ranges from $800 to $1,000. The trademark search company will run a better search strategy than any other individual or entity. They have state common law databases, and search domain names, business names, and many other categories. Still, a comprehensive search is not perfect, although very recommended when you think you have an important mark that has value to you.

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00:00 Introduction
00:10 Conduct Search Before Applying for Trademark Registration
00:54 No Rules for Conducting Search
01:13 Evaluate Same Class of Goods and Services
01:25 Trademark Search Companies


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