Getting a trademark cleared before filing for registration is critical. It involves conducting a comprehensive trademark clearance search. This search is essential to determine if the same or similar trademarks are already in use, which could obstruct registration or lead to potential infringement claims. The search typically includes examining the federal trademarks filed at the United States Patent and Trademark Office (USPTO) and conducting a common law search.
A preliminary or “knockout” search is often performed to reveal obvious bars to registration. This search includes checking the USPTO’s database of trademark registrations, pending applications, and individual state registries. For a more thorough examination, a full or comprehensive search is conducted, including federal and state registries, databases of unregistered marks, and broad internet searches to uncover potential conflicting uses.
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0:00 Trademark Clearance
0:27 Use Over Registration
1:30 Trademark Registration Reports
4:20 USPTO Trademark Search Engine