If you’re launching a new business, product line, or creative venture, one of the first things you’ll likely think about is the name—your brand identity. But before you start using a name, logo, or slogan publicly, it’s essential to ask: Should I conduct a trademark search first?
The short answer is yes. A trademark search is one of the most important early steps in protecting your brand and avoiding costly legal issues.
What Is a Trademark Search?
A trademark search involves reviewing existing trademarks, both federally registered and unregistered, to determine whether your proposed mark is already in use or could be confusingly similar to another brand. This includes:
- Searching the USPTO trademark database
- Reviewing state trademark records
- Looking into common law uses (brands that use a mark without registering it)
- Scanning websites, domain names, and social media
The goal is to ensure that your chosen mark is unique enough to be protected and that you are not unintentionally infringing on someone else’s rights.
Can You Do It Yourself?
You can do a basic search yourself using the USPTO’s search system, but interpreting the results is not always straightforward. Trademark law protects against marks that are not just identical, but also confusingly similar in sight, sound, and meaning, especially when the goods or services are related.
A trademark attorney can help you:
- Conduct a comprehensive search across federal, state, and common law databases
- Identify potential conflicts
- Evaluate the strength of your proposed mark
- Advise on registration and enforcement strategies
Start with a Search
Your trademark represents your business and reputation. Taking the time to conduct a trademark search before using your brand publicly is a smart investment that can help you avoid legal challenges and build a strong foundation.
At Rincker Law, we assist businesses, entrepreneurs, and creatives with all aspects of trademark protection. If you are ready to move forward with a trademark search or need help registering your mark, contact us at (217) 774-1373. We are here to help you protect your brand so you can focus on growing your business.