Brand Clearance

COMPREHENSIVE BRAND CLEARANCE

Are you or your company considering a new brand?

Before investing in marketing your new brand, have us conduct a comprehensive trademark search to determine if it is clear for your intended use.

A comprehensive trademark search differs in three ways compared to a preliminary trademark search. First, a comprehensive trademark search examines many additional databases. These searches are managed by specialized search firms that have access to databases of company names, trademarks, press releases, business publications, domain name databases, and many others. If someone is already using a term that is similar to a proposed mark, even if un-registered as a trademark, it could limit the ability to register or use a proposed brand. Second, a comprehensive trademark search looks for conflicting marks using a much wider frame of reference than employed in a preliminary search, although we often try to be as encompassing as reasonably possible even in preliminary searches. Third, a preliminary trademark search gives you a “rough idea” about any obvious problems, while a comprehensive trademark search typically gives you a formal legal opinion that analyzes all of the known risks that you may face if you pursue using and registering your proposed brand, and usually amounts to an actual “brand clearance”. Accordingly, such a comprehensive search is generally more expensive to conduct than a preliminary search. It isn’t a guarantee however, since there is always the possibility of a problem that wasn’t found in any of the databases, even with the comprehensive search. But having a thorough analysis and report of the search results lets you evaluate risks before investing in building a brand. Accordingly, if your client decides that it is interesting in adopting a proposed mark, a comprehensive search is recommended.