What is a Trademark Knockout Search?
When you want to register your trademark on the United States Patent and Trademark Office (USPTO), one of the most important steps before submitting an application is conducting a trademark search. A popular type of search is a trademark knockout search.
A trademark knockout search is a quick check to help you identify conflicts with the trademark you’re hoping to register. But, how does it vary from a comprehensive search and what will it achieve?
Read the rest of this article to find out, as well as how a trademark lawyer can help you navigate the trademark knockout search process so that you protect your brand and successfully register your trademark.
What Does a Trademark Knockout Search Do?
A trademark knockout search checks for identical and similar trademarks to yours, so that you avoid filing an application to register a trademark that will likely be rejected.
It helps you to clear the risk of what’s known as “likelihood of confusion.” This is when two trademarks are similar to the point of their goods or services creating confusion among consumers in the market, who might wrongly assume that they are made by the same company.
You can conveniently conduct a trademark knockout search on the USPTO database as well as on the internet, such as by searching for similar trademark names or logos.
How Does a Trademark Knockout Search Vary From a Comprehensive Search?
A comprehensive trademark search is a lot more detailed than a trademark knockout search. It reviews USPTO filings and searches business databases, domain name registrations, and state registrations.
While a knockout search can help you assess identical and highly similar trademarks, you might want to get a comprehensive search prior to submitting an application, just to be on the safe side.
A qualified trademark lawyer can help you with a comprehensive trademark search.
How Do You Conduct a Trademark Search?
When you want to conduct a trademark search, these are the steps to follow:
Identify and Understand Your Trademark
Prepare for the trademark search by defining all your trademark elements so you know what to search for. This can include words associated with your brand name, logo, slogan, or other elements.
Search on the Web
Conduct a general internet search to identify any trademarks that are unregistered but being used. You should also check all major social media platforms to help you identify any brands that are using the same or similar trademarks as the one you wish to register.
You want to use the exact spelling and wording in your searches, as well as common variations. You should also search for popular or common misspellings to cover your bases.
Search on the USPTO
The USPTO has a trademark search tool you can use. When searching for similar trademarks, there are some things to look for so that you make the search more comprehensive.
- Singular or plural forms of the same word.
- Words that sound similar to each other, even if they’re spelled differently.
- Words that appear in the same class or industry as yours. It’s fine for marks to be similar as long as they are in unrelated industries, but if they're in the same industry it can cause confusion.
- Design marks. If your trademark contains graphics, you can use the USPTO Design Search Code Manual to search for similar design elements that are categorized according to codes.
Why is Conducting a Trademark Knockout Search Important?
A trademark knockout search is important to do early on in your branding journey for various reasons.
- It minimizes your risk of trademark confusion. You’ll avoid using trademarks that are too similar to what’s already being used.
- It can save you money. A trademark knockout search will prevent you from investing too much money into building a brand that’s defined by a generic idea or appears to be an imitiation. This could also result in future accidental infringements and expensive litigation.
- It helps you choose a unique trademark. If your trademark search brings up similar or identical trademarks, this will motivate you to choose a more unique and distinctive one, elevating your brand.
Do You Need to Hire a Lawyer for a Trademark Knockout Search?
Although you don’t always require a lawyer’s help with trademark knockout searches, it’s valuable if you’re investing significant capital in your company branding, you want a comprehensive risk analysis, and/or your trademark is going to be used internationally. Hiring a trademark lawyer will give you peace of mind that your trademark is unique and can be successfully registered.
Here are some ways in which a lawyer will help you with a trademark knockout search:
- They’ll assess your trademark’s likelihood of confusion in related industries or classes.
- They’ll check the regional usage of similar trademarks to evaluate your mark’s strength and legal standing.
- They’ll conduct trademark knockout and comprehensive searches to protect your branding elements and business reputation. This includes searching multiple sources and databases, such as state registrations and marketplaces.
- They’ll identify any potential trademark risks that could result in litigation.
- They’ll help you make changes to your branding so that you avoid a likelihood of confusion or other problems.
- They’ll help you prepare and file your trademark registration so that you don’t make any mistakes which could result in rejection.
- They’ll help you with the entire process of trademark registration, such as by dealing with office actions or requests for additional information during your application.
Where to Find a Lawyer for a Trademark Knockout Search
If you need to hire a lawyer to help you with a trademark knockout search, you don’t have to search far and wide for a qualified, reputable trademark lawyer. You can find one on an online legal network like ContractsCounsel.
ContractsCounsel is one of the largest online legal marketplaces that gives you easy access to a network of vetted lawyers.
You can search for the best lawyer that meets your legal requirements according to factors such as their location, level of expertise, years of experience, and client ratings for previous projects they’ve completed on the platform. All the data is provided by ContractsCounsel so you don’t have to conduct your own research, saving you time and money.
