Is It Necessary to Perform a Trademark Availability Search Prior to Filing a Trademark Application?

There is no requirement that a trademark availability search be performed before the adoption of a trademark or the filing of a trademark application. Notwithstanding the foregoing, performing a trademark availability search is a reasonable and prudent step prior to the adoption of a mark because it may reveal that use of the mark would infringe upon a third party’s rights. Similarly, performing a trademark availability search may reveal existing trademark registrations that are likely to constitute a bar to registration of the proposed mark.