How can I find out whether my mark is registrable?
As a preliminary step, one can do a search to determine whether others have used or registered similar marks for similar products or services. A search is not mandatory, however. There are different levels of thoroughness of searches. The most common type of search, in my practice, is a search of federally registered marks and pending federal applications. This kind of search can be done on a computer database, relatively quickly, and at a cost of about $500, which includes my opinion letter on registrability. It is possible to extend the search to include state registrations, and unregistered marks, by doing a search through trademark registers of state governments, business directories, telephone books, etc. The latter step can cost an additional $500, and possibly more if the search is done on a rush basis. The search of unregistered marks is often called a “common law” search, because it covers trademarks that arise at common law.
