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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Fact-Checking Job Applications Online - Search Resources For HR Professionals

I'm starting to see job applications pick up where I work, both because we're looking for people and because, in this economy, we're getting a lot more resumes than standard. It's a given that many of the applications and resumes we receive will contain some white lies - perhaps a creative job title, or an overstatement of nonprofit and volunteer experience. That's just marketing, in my eyes. However, when big huge whoppers are sitting right there on paper, it's a good sign that you can expect the same from the employee (if you're unlucky enough to hire that person). So we've instituted a practice of fact-checking the information provided in job applications.

First Step: Google

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To be honest, this is more likely to be a character reference than a very good fact-checker. Because the social networking sites get so much traffic, and because searching a person's name will yield the most matches on their own profiles, probably what you will get when you search Google are Facebook and MySpace pages, Twitter accounts, and whatever other social networking sites the applicant frequents. It's sometimes useful to pay attention to any social bookmarking sites, like Digg or Delicious, because what they're reading online tells you a lot about them.

What you will rarely find on the first page, however, is public records information or other background on the individual. If you dig deep enough, you might get some additional hints that something is amiss, but particularly if the name is a common one, there's a lot of time lost make sure that the Chris Stevens in a Google search is your applicant. And don't even get me started if it's Chris Martin! (He's the lead singer of Coldplay. Ten billion search results, and your applicant is a needle in the haystack.)

So we use Google for what it's good for - finding out what the person does online nowadays. We're not a company that treats social networking as evil, but it's good to know if someone clearly spends all their time on sites like that. Especially if it's all completely frivolous. That's our time they're wasting if we hire them.

Some really smart job searchers are starting to use their social networking profiles as advertising for their applications. They are the most studious and professional Facebookers you've ever seen! Their Twitter feed reads like a person with a "Seven Habits" planner, and they mention reading industry-specific reports and blogs. You have to take it with a grain of salt, but I love it when I see this. That's someone who's focused on making an impression on interviewers before they even get in the chair.

Second Step: Fact-Checking with Public Records Search

Beyond Google, you have to look for a search engine that is going to give you results that help you verify all the information on the application - you need to look up current and old addresses, employment information, and also (it's sad but true) any records of encounters with the police or a criminal record. There are software packages that will do this, but many of them are prohibitively expensive for pre-screening. It may make sense to pay money for that kind of background check for a high-profile job or right before you make the offer, but at our stage, we're just looking to verify that the application is correct and complete, and doesn't omit anything (like a criminal record) that would make us reconsider the applicant.

For those kinds of searches, we use PeeplSeek's free search service. All it takes is an email address and they will give you basic search results for a given name. Even better, they limit the search by state so you'll find your Chris Martin and not the lead singer of Coldplay. Now, you did give them your email address, and they will send you email about people search services and online products, but you can mark them as junk or (like I do) set a filter to send them to a folder in Outlook or whatever email program you use. Every now and then, it's useful information. And anyway, once I register they'll give me as many basic searches as I like for free. I think it's a fair trade.

Third Step: Credit Check (Optional)

We don't do this at this stage, but some employers do because of the type of job involved. This will always cost some money, so it doesn't make sense for us to do this for every applicant. But when you're done with the interview and you think you might hire this person, you might want to run one (be sure you get their permission on the application!). You can use Equifax (they have a good product for HR) or any of the other major credit reporting companies and save money on individual searches.

Finding trusted employees crucial, and so this procedure has become standard for our recruiter. It's nice for me, too, since I sit in on interviews for title agents. It's so nice to have qualified, truthful applicants! It makes it much more pleasant for everyone.

Fact-Checking Job Applications Online - Search Resources For HR Professionals

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