Can I hire a professional firm to conduct a trademark search?
A. Yes. Many people prefer to pay a professional search firm to handle a trademark. This makes sense if you can afford investing $1000 or more for a thorough professional search. You can also use a trademark attorney who can also provide legal opinions as to whether your proposed mark is legally safe. Obtaining a legal opinion provides important protection if someone later sues you for using the mark. BizFilings’ Trademark Explorer™ is an excellent tool for conducting preliminary trademark searches, but it should not be used as a substitute for a legal opinion.
Many people prefer to pay a professional search firm to handle a trademark search rather than do it themselves. This can make sense if your financial plans justify an initial outlay of several hundred dollars, the minimum cost for a thorough professional search for both registered and unregistered marks. Two well-known sources for trademark searches are the Sunnyvale Center for Invention, Innovation, and Ideas (www.sci3.com) and Thomson & Thomson (www.thomson-thomson.com). The trademark search report you will receive consists of several sections. One section contains information from the U.S. Patent and Trademark Office (USPTO). This portion of the report consists of similar federally registered marks, pending marks, and marks that have been canceled or abandoned. Another portion of the report is a survey of state registrations. Included are similar marks that are registered under state trademark law. A third portion of the report consists of common law information. It is in this area
Many people prefer to pay a professional search firm to handle a trademark search rather than do it themselves. This can make sense if your financial plans justify an initial outlay of several hundred dollars, the minimum cost for a thorough professional search for both registered and unregistered marks. Various companies offer professional searches, the most well-known of which is Thomson & Thomson (www.thomson-thomson.com). The trademark search report you will receive will consist of a list of similar federally registered marks, pending marks, and marks that have been canceled or abandoned, a survey of similar state registrations, and an examination of numerous sources of unregistered users of similar marks, brand names, and trade names. If you work with an attorney when acquiring the trademark search, you will also get a legal opinion as to whether your proposed mark is legally safe to use in light of existing registered and unregistered marks. Obtaining a legal opinion may provide
