U.S. Trademark Search Basics

A “Federal trademark search” is a trademark legal service performed by a trademark searcher that searches for pending and granted United States trademarks at the U.S. Patent and Trademark Office.  No other documents are researched in a trademark search.

Is a Trademark Search Required by the U.S. Patent and Trademark Office?

A trademark search is not required by the U.S. Patent and Trademark Office.  While it is not recommended, you can file a trademark application without first performing a trademark search.

Why Should You Do a Trademark Search?

The main reasons to have a trademark search performed is to determine the potential registrability of your trademark and to see if any potential trademark infringement issues exist.  Without a trademark search, you will not know what trademark applications or registrations exist.  Below is a listing of benefits that a trademark search can provide you:

• Identification of potential registrability problems.
• Assists your trademark attorney in drafting the trademark application in view of known trademarks.
• Identifies potential trademark infringement issues.

Cost of a Trademark Search

A trademark search is a small investment compared to the costs of having to change a product’s name – or worse, defend a costly trademark infringement lawsuit.  Neustel Law Offices charges a flat-fee of $1,250 for a word-mark Federal trademark search which includes an opinion of registrability by a trademark attorney. If you would like to receive more information about our trademark search services, please contact us at 1-701-281-8822 or request our free brochure.