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Before filing a new US trademark, it is important to check whether the trademark is already in the USPTO database. If there is another similar trademark in the database, it may block yours.
Sick of getting tons of unrelated results? Try our Free AI search tool, which intelligently compares your trademark to currently registered marks and pending trademark applications.
An AI search of the United States Patent and Trademark Office (USPTO) Trademark Register can help a trademark applicant in several ways:
1. Clearance search: Before filing a trademark application, it is crucial to conduct a comprehensive clearance search to ensure that the proposed mark is available for use and registration. An AI search can quickly scan the USPTO database for similar or identical marks, reducing the risk of refusal due to likelihood of confusion with an existing registered mark.
2. Identifying potential conflicts: AI algorithms can analyze the goods/services descriptions, design elements, and other relevant factors to identify potential conflicts with existing registered marks. This can help the applicant make an informed decision about proceeding with the application or modifying the mark to avoid conflicts. Most search providers give you a vast number of irrelevant results.
3. Monitoring competition: AI can monitor new trademark filings and registrations in the same industry or related fields. When a brand sees success, the copycats emerge. Searching allows the applicant to stay informed about potential competitors and take appropriate action if necessary. Docket regular search dates and visit us to search.
4. Streamlining the application process: By identifying potential issues or conflicts early on, an AI search can help streamline the application process. This can save time and reduce the likelihood of office actions or rejections from the USPTO. On average, a 2d likelihood of confusion delays your registration by three months, and may block you entirely.
5. Ongoing brand protection: After registration, AI can continue to monitor the Trademark Register for potentially infringing marks, enabling the trademark owner to take prompt action to protect their brand. Docket regular search dates and visit us to search.
It's important to note that while AI searches can be highly accurate and efficient, they should be used in conjunction with human expertise and legal guidance. Trademark attorneys and professionals can provide valuable insights and strategies based on their experience and knowledge of trademark law.
We also have professional search and opinion packages,where an attorney will review the search results and advise which trademarks are a problem and which are not.
We can give you a legal opinion from an attorney as to your mark's registrability and the risks you are facing. We'll advise, with a search and analysis of the results, in terms of registrability of your trademark.
Under the basic and standard package, provide one or three names you are considering and what you will be (or are) selling, and then we will analyze the results to determine which has the best chance of becoming a US registered trademark (based on our years of experience preparing thousands of trademark applications and seeing which names get registered), and identify the hurdles or roadblocks.
The premium package is if you have no idea which name to go with, have a great business idea and want help to pick the brand name with the highest chance of becoming a registered US trademark. Perhaps you need it for Amazon Brand Registry. Let me know which product/service you are working in (ex: selling clothing, like hoodies) and style of trademark you'd like, along with inspirations/factors to consider.
Wishing to start with a search? If you’re ready to get started with a search, click on one of the packages and we look forward to helping you!
Skipping the Search?
If you prefer to bypass the search phase, you can directly opt for the New Trademark Application Standard Package. Many clients select this route for various reasons, such as existing branding or a strong preference for their chosen name.
While AI-powered trademark searches can be a valuable tool for applicants, there are several potential shortcomings and risks associated with relying solely on AI searches.
First, AI algorithms may not always accurately interpret the nuances and legal interpretations of trademarks, leading to false positives or missed potential conflicts. Additionally, AI searches are limited to the data available in the databases they search, which may not include pending applications or common law trademarks not registered with the USPTO. Furthermore, AI searches cannot replace the nuanced analysis and legal expertise provided by experienced trademark attorneys, who can evaluate factors such as likelihood of confusion, strength of the mark, and potential defenses or arguments.
Overreliance on AI searches without human oversight and legal guidance may result in missed opportunities, incomplete clearance, or inadequate protection for the applicant's trademark rights. Therefore, while AI searches can be a useful tool, they should be combined with comprehensive legal analysis and strategies tailored to the applicant's specific needs and goals.