What is a Trademark Search Report and How Do You Evaluate It?

A simple or initial search may include a basic search of trademark directories, or the use of online trademark search systems that contain federal and state trademark registration information. This type of search may reveal quickly and inexpensively whether there is a directly conflicting trademark.

A more comprehensive search, usually conducted by an independent search firm, will attempt to locate marks that, while not identical to the proposed mark, may be considered confusingly similar to the proposed mark. For example, a comprehensive search will attempt to locate marks that are synonyms for the terms in the proposed mark, or alternate spellings of the mark. A comprehensive search will also attempt to locate marks in related fields. For example, the proposed mark my be the name for a record label that might be blocked by the name of a band or a music publishing company using the same or a similar name. The use of the mark as name for a record label might not, however, be blocked by the use of the same name for an automobile parts distributor or a furniture manufacturer. A comprehensive search would also include a wider variety of sources than the preliminary search described above. Trademark search firms maintain and have access to databases that may reveal unregistered marks that exist at common law. Such databases include periodicals, trade directories, company name registration databases and other sources.