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OTHER INCORPORATION ISSUES
Selecting A Corporate/Domain Name
Why You May Need A Trademark Search
What Type Of Trademark Search Do I Need?
Duty To Search
Is Securing A Domain Name Enough?

 

What Are The Various Types of Trademark Searches?

 

So you have decided that you need to perform a Trademark Search. That is a very wise choice given the potential disastrous consequences that could result to your business if your domain name is later found to infringe upon a third party trademark.

There are two basic types of searches can perform. The first is a search of the Trademark Office database. This search will give you results indicating federally registered trademarks. The Trademark Office's online database is certainly a useful tool....and it can be accessed for free. However, information does not show up on the database for a month or more after it is filed, so that results are not completely current. There are commercial searches that can me ordered that give you more current Trademark Office results.

A Trademark Office search is not sufficient however to determine whether the name you wish to use infringes upon someone else's trademark. The reason for this is quite simple....trademark rights do not arise upon filing with the Trademark Office. Trademark rights actually arise much earlier, upon first use in commerce. In a fact, Trademark Registration is actually registering a trademark that you already have. Before a registration will be accepted an applicant must prove that the trademark has already been used in commerce.

Because trademark rights arise upon use, a simple Trademark Office search really gives you very little useful information. I would venture to say that there are many times more parties who have enforceable trademark rights than have filed Trademark Registrations. Many people do not ever register their trademark rights. Even if not registered, they have valid trademarks rights. Many people will register their Trademark rights upon learning of infringement so that they can access federal remedies for infringement. In fact, the Trademark Office permits an expedited registration in anticipation of litigation.

What all of this leads to is that you must have a more comprehensive search if you want any meaningful information concerning whether the name you are choosing infringes upon the rights of another party. You need a search that includes filing sources in all states, trademark and incorporation records, domain names, and a variety of business registers. There is a little bit of expense involved. Some search firms charge as much as $1,000.00 to perform a common law search. But there are online sources that give very good service and perform good, reliable work for as little as $275.00 for a comprehensive common law search. Compared to the potential losses if you are ever accused of infringement, that money is very well spent and should be done before any significant money is spent marketing your name.

ORDER A COMMON LAW TRADEMARK SEARCH

About Trademark searches from this web page. We do not perform the trademark searches that are ordered through this web page. The links on this page are to an independent company in which we have no ownership. However, we do utilize the services of this company for trademark searches for our customers and have been extremely satisfied with the results that we have obtained. However, we are not responsible for the performance of the trademark searches and have no control over the party performing the search. We have supplied the link on this page as a service to our customers and others accessing this page.

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