Should I Do a Trademark Clearance Search before Filing?


Pre-Application Trademark Clearance Searches: Walk Before You Run

While it may be tempting to just input your proposed trademark or logo into some online web-form along with your credit card information to save a buck, by avoiding the use of a licensed attorney to assist you, you run the risk of wasting money, time, and, most importantly, the opportunity to receive actual legal advice as to whether your business name, logo, or advertising phrase is infringing on another, is inherently weak, or possibly non-registrable. 

A thorough search prior to the filing of your trademark application of not only the Federal Register but also state trademark registries, domain names, other business records, and internet-based indications of current or past use of the mark will allow you to decide whether an application is worth filing at all–before you spend money on both the application and in investment in a brand which may not be protectible. 

Detroit Trademark Attorneys: Let Us Help You Help Yourself! 

Taking the time to retain an attorney who not only perform the pre-filing clearance search properly but will also provide you a written opinion as to the viability of your proposed trademark, furthermore, will not cost you an arm and a leg. 

Noble Path Trademark Law charges a reasonable flat fee for the search service (in addition to the fee charged by the third-party search service utilized by the Firm) separately from the fees from the application itself. 

Therefore, if the risk seems too high to proceed after receiving our Opinion Letter, you retain the ability to decide NOT to proceed with an application for registration with the USPTO. 

If you do elect to proceed, the application service is provided for a second, reasonable flat fee, in addition to the government filing fees. 

You, the client, remain in control of the process and whether or not you wish to assume any risk that the clearance search turns up.

But the most important thing is that you know what that risk will be. Or, more optimistically, you know that you are spending valuable on a brand that will pay off for your enterprise. 

Detroit Trademark Attorneys: The Bottom Line for Pre-Application Trademark Searches

The bottom line is that you need to know that the brand you are planning to invest in will be something that your enterprise can carry forward as an asset for years to come. 

The small amount of additional capital that you invest in ensuring your proposed trademark will survive scrutiny or push-back by way of retaining a licensed attorney to properly search past mark usages out and then analyze the risk for you will tell you what you need to know before you dive too deeply into the pool. 

Noble Path Trademark Law is a boutique US law practice located in Metro Detroit and assisting enterprises in every industry with trademark registration, trademark renewal, trademark monitoring, and Office Action refusal response matters.

We offer virtual consultations, premium customer service, and the expertise you need to maximize your odds of trademark registration success.

Click the “Register Your Trademark” button below to schedule your initial consultation and to begin your brand protection journey.