Before a trademark is registered there is always a risk that a senior user already owns rights to the trademark. This is because, in the United States, trademark rights are established based on use of the trademark. So, the first person to use a trademark has superior rights to it.

If someone else already owns rights to the trademark you are using, federal registration is a quick way to alert the senior user that you are using his trademark. This is why it is important to conduct the most thorough search possible before attempting to register your trademark.

You want to make sure that nobody else will be able to claim superior rights to your trademark; and if someone has an argument you want to know who that person is so you can calculate the risk that you will have a problem.

To conduct a "trademark search" means to look for trademarks similar to yours that are already being used by third parties. Before you invest the money to register and continue to market your trademark, you want to be as certain as possible that you will have superior rights to it. You don’t want anyone else coming along at some point in the future and alleging they own the trademark, and asking you to stop using it; or even worse, threatening to sue you for trademark infringement.

Many different sources might be analyzed when conducting a trademark search. For example, a basic trademark search usually involves searching for similar trademarks at the federal trademark database. This is a good start, but further searching is usually recommended because not all trademarks are federally registered and show up in the federal database.

In fact, trademarks don’t have to be registered at all. When a trademark is not registered at the federal or state level it is called a common law trademark. A mid-level or comprehensive trademark search will look beyond the federal trademark database to uncover these common law trademarks.

A full comprehensive trademark search will look at many sources, including:

• USPTO federal trademark database
• State trademark databases
• Common law sources such as business journals and industry databases
• Internet common law
• Domain name databases

As you can see, there are lots of sources a trademark searcher could potentially consult. There is quite frankly no end to the amount of trademark searching that could theoretically be performed. But, a more detailed trademark search provides you with a greater assurance that the trademark you want to use is clear from potential threats.

The more advanced your trademark search is, the less risk there is that someone out there will come along in the future and challenge your rights in the trademark.

After your initial consultation we will prepare and file your trademark application within 3 to 14 business days, depending on the package you order (comprehensive searches take up to 14 days).

After your trademark application is filed with the USPTO it typically takes 9 to 12 months for your trademark to actually become registered. If there are any problems, it may take longer.