Can You Do Your Own Trademark Search?

To the surprise of many people, the first step in a trademark registration is not filling out the application provided by the Patent & Trademark Office. No, the first step is doing a trademark search. The question is whether this is something you can do yourself or need to have some else do for you.

Why Search?

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Why do you need a trademark search? This is a simple question, but comes with a critical answer. You must do a trademark search first because there needs to be a determination as to whether the mark you have in mind will infringe on any other that is already being used in the marketplace or is registered with the Patent & Trademark Office. If there is one, you can save the time and effort of filing while thinking of another mark to use. I can't emphasize this enough. You must do a search up front to make sure you will not be infringing on the marks of others.

DIY

Let's face it. We are a do it yourself kind of country. If we weren't, giant companies like Lowes and Home Depot would not exist. To the surprise of many lawyers, this do it yourself spirit has spread to the legal world where there are a host of services offering to do what previously only lawyers do and, just as importantly, individuals now taking care of their own legal needs.

So, should have a go at doing trademark searches on your own? Yes and no. Pursuing the first steps on your own is definitely something worth your time and effort. The first step is to do what is known as a common law search. This involves searching the web for your mark. If it is a graphic, this can be difficult. If it is a word or text, it can be easy. Just search and see what comes up. Also, type it in as a domain to see if someone has already registered it. If you find anything, there is a very good chance your mark would infringe on the one already being used on the web.

The second DIY step you can take is to visit the Patent & Trademark Office website and do your own search of the agency database. Go to the trademarks tab and then follow the links to the search section. If you have a multiple word phrase in mind, make sure to write "and" between each word. The database should kick out results that are close to your mark and you can evaluate from there. Again, this is primarily only for text based marks you have in mind.

Cleared Search?

So, are you done if you pass both of the above tests? No. Now you need to hire a trademark search service to do a more thorough search for you. Remember, there are trademarks filed at the state level and some used in commerce that do not appear on the web. If you miss out on these, you are going to face an infringement claim down the road that will be a disaster.

Why not just hire the search service up front? You can, but it usually will run you a few hundred bucks. Eliminating obvious conflict sources like the web and Patent & Trademark Office can save you that fee.

Can You Do Your Own Trademark Search?

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