Once you have completed the trademark search and found similar trademarks and/or trademark applicants relevant to your mark, you can begin your evaluation. The overriding concern of the US Trademark Office is to prevent buyer confusion as to the source of the products or services. Are the products to be sold to the same type of consumers and through similar channels of trade?

Here’s a checklist to keep you on track:
•Review each reference located in your search.
•Look at the references for similarities in appearance and sound. In particular, review each word, graphic, and color choice of each reference for similarities.
•Then compare the products or services identified by the reference to determine if they are related or if the activities surrounding their marketing are related to your description of goods and services.
•Then ask yourself: Are the products/services sold to the same type of consumers and through similar channels of trade?

NOTE: The main concern is to prevent buyer confusion over the source of the products. If the reference is too similar in appearance and sound and the products or services will likely be sold to the same type of consumer through similar channels of trade, move on to your next choice for a mark until you find a clean mark to identify your products or services.

A patent attorney may be engaged to perform a trademark search or to perform a review of similar trademarks and trademark applications found during a search and to prepare a “trademark search opinion letter” evaluating whether or not your mark is registerable.

A “trademark search opinion letter” is a written analysis of the relevant and/or similar US trademarks, state trademarks, Internet uses, industry, and common law uses of marks found during a search. This information is important in determining whether or not to move forward with protecting your mark by filing a trademark application or whether to commit to spending marketing and advertising dollars on business cards, letter head, marketing materials, website development, and advertising.

The Costs Associated With a typical Trademark Search
•A federal “pre-screening” generally costs $300.
•A “full US trademark search” generally costs between $500-600.
•A “trademark search opinion letter” generally costs between $600-1500.
•A “trademark search and opinion letter” together generally costs between $1100-2100.

Upon successfully finding a clean mark you should immediately use the symbol TM (trademark) or SM (service mark) next to your mark when identifying your goods/services to alert the public you are making a claim to the mark under a common law right.

However, the ® identifies a federally registered mark and can only be used after the mark has actually been registered by the US Patent & Trademark Office. Keep track of the date you begin using your mark anywhere and in commerce (across state lines), as you can later use these dates to establish further trademark rights under a trademark application.

Have additional questions? Comment below and we will get back in touch with you shortly.
To simplify this process, be sure to check out my Inventor Start Kit™.