Trademark Clearance Search

A trademark clearance search lets you see if your chosen trademark is available for registration at the state or federal level. Applying without first performing a clearance search can result in delays and lost application fees. There are a lot of different databases and classifications sift through, which can make things difficult for first time applicants. Hiring an attorney to conduct your search helps ensure that nothing is overlooked and maximizes your chances of a successful trademark registration.

Our trademark clearance search service can help you with:  

• Checking for “confusingly similar” or identical marks;
• Preempting potential infringement issues;
• Selecting a strong trademark;
• Protecting an unregistered name or design already in use;
• Clearing a new product or service before launch.

1. Why should I perform a trademark clearance search before using a trademark?

Performing a trademark clearance search before sending in your application will save your time, money, and can even prevent legal disputes down the line. The USPTO doesn’t provide refunds for rejected trademark applications, so it’s important to ensure that the name or design isn’t already taken. Otherwise, you’re just wasting time and money.

There’s also the chance that you could get face legal troubles if you’re caught infringe on another person or company’s trademark rights, whether intentionally or not. A cease and desist letter could force you to rethink your branding strategy, while a lawsuit could set you back even further.

2. I did my own search on the USPTO’s website. Why do I need an attorney to perform a trademark clearance search for me?

Checking a trademark’s availability through the USPTO is a lot more complicated than your usual Google search – you need someone with experience if you want to get it right the first time. There are multiple classifications, goods, and services to comb through, and confusingly similar marks can be easy to overlook. It’s also important to note that the USPTO records only contain federal trademark applications, so you’ll need to dig deeper to ensure you aren’t infringing on anyone’s rights at the state level as well.     

3. Are you a law firm?

Unlike many businesses and websites selling legal services, FL Patel Law PLLC is a bona fide law firm. This means that you’ll have a lawyer with actual legal expertise supporting you during your federal trademark registration — you won’t have to settle for anything less like you would with other non-attorney trademark registration services. 

4. Will I work with an attorney?

Yes — from start to finish, our lawyers will support you every step of the way. We make ourselves available to our clients whenever possible so that you can benefit from our knowledge and experience. Our attorneys have successfully registered many trademarks for businesses across multiple industries — check them out on our trademark page here.

5. How long will it take for me to receive my federal trademark?

Both state and federal trademarks typically take about nine months to register. Thousands of applications are processed every day, however, and your specific timeline may vary based on the workloads faced by state and federal agencies. 

6. How does the federal trademark registration process work?

The trademark process, at both the state and federal levels, is more complicated than most people realize. Many of our clients want some insight into that process, which is why we have an article explaining it for you here. 

7. How do you offer such affordable prices? What’s the catch?

The catch is that there are too many law firms — and non-attorney businesses offering trademark registration services, for that matter — that nickel and dime their clients every chance they get. Flat-fee services allow us to offer affordable prices that our competitors are either unable or just unwilling, to match.