Trademark Search

A trademark search in Ft. Lauderdale is an examination of different sources, including trademark databases, to establish whether a certain trademark or service mark (1) infringes on the rights of a prior user and (2) is eligible for registration with the United States Patent and Trademark Office (“USPTO”).

Almost every company in Ft. Lauderdale sells goods or services under a trademark or service mark. A trademark or service mark is any term, name, symbol, device, or combination of these that is used to identify and distinguish one seller’s or provider’s goods and services from those of another. Before building a brand, most astute business owners and managers will undertake a trademark search.

A company in Ft. Lauderdale will invest substantial time, money, and resources in building its brand. As a result of this considerable investment, a company in Ft. Lauderdale should check to see if a trademark or service mark is available and can be registered with the USPTO before investing in one. Because of the risk of infringing on another’s mark and the inability to defend their brand if a trademark or service mark is not available or registerable, many decision makers will not waste resources developing it. A legal study should be done by an attorney skilled in trademark law to determine if a trademark or service mark is available and registerable with the USPTO. On behalf of their clients, the attorneys at Plus IP have successfully registered hundreds of trademarks and service marks. 

To assess if a trademark or service mark generates a “likelihood of confusion” with another trademark or service mark filed or registered with the USPTO previous to the filing date of a registrant’s trademark or service mark application in Ft. Lauderdale, a trademark search is necessary. An examining attorney at the USPTO conducts a trademark search after a trademark or service mark application is filed to determine whether the trademark or service mark creates a likelihood of confusion with another trademark or service mark filed or registered with the USPTO prior to the filing date of the registrant’s trademark or service mark application. 

An examining attorney at the USPTO examines the following elements when determining whether there is a probability of confusion:

• The similarity or dissimilarity of the marks; 
• The relatedness of the goods or services; 
• The  trade channels through which the goods or services travel; 
• The conditions under which the goods are sold and purchased, i.e. “impulse” vs. careful, sophisticated purchasing; 
• The number and nature of similar marks in use on similar goods or services; and 
• The existence of a likelihood of confusion. 

While it is not legally required to do a trademark search before filing an application with the USPTO, it is highly recommended to do so to discover whether a particular trademark or service mark is registerable. A professional trademark search will reveal trademarks or service marks that may have an impact on an applicant’s ability to register a trademark or service mark. Before filing a trademark or service mark application with the USPTO, the attorneys at the Plus IP Firm always recommend completing a trademark search. 

According to our experience, examining attorneys at the USPTO occasionally deny trademark or service mark applications based on a poor likelihood of confusion analysis. If you have received a likelihood of confusion rejection from the USPTO, commonly known as a 2(d) rejection or Office Action, the attorneys at the Plus IP Firm can review it. On behalf of their clients, the attorneys at the Plus IP Firm have successfully overcome several 2(d) or probability of confusion rejections.