What is the difference between a preliminary scan and full U.S. availability search?
A preliminary scan is a quick, limited search designed to determine if there are any pre-existing identical or very similar marks. Generally a preliminary scan of the U.S. federal register can be accomplished in a few hours by competent trademark counsel. A full U.S. availability search, on the other hand, will reveal if there are any identical, or similar, pre-existing marks registered at both the federal and state level and existing at “common law.” Common law marks are unregistered marks that are currently being used as domain names, business names, slogans, etc. in commerce. If time permits, it is strongly recommended that a full search be conducted before filing a trademark application and that a written opinion be gathered from a competent trademark attorney on the feasibility of using the mark you pre-selected.
