Don't waste valuable time and money trying to register a trademark already taken. Just because you don't see an identical match to your mark when you do a free search does not mean your mark is available. It may be available, but there could also be a conflict. The free search only accesses the Trademark Office's database but does not search for state-registered marks, common law marks, domain names, or marks used elsewhere on the internet. That's why you should order a comprehensive search.
Read More
Marks do not have to be identical for there to be a conflict. A conflict between marks arises when one mark looks the same, sounds the same, or means the same as another, and the marks are associated with the same or related goods or services. For example, the mark Sunflower for t-shirts, sneakers, and balloons may conflict with the mark Tuesday Sunflowers for baseball caps, socks, and gift baskets. The marks aren't identical, but the goods are related, and they both contain the word Sunflower.
Although every examining attorney is different, they are bound by the same legal standards. When they determine that the dominant portion of two marks is the same and some of the goods/services identified by the competing marks are related, they most often refuse registration due to a potential likelihood of confusion.
A comprehensive search is your best defense against potential opposition and cancellation of your mark. For a flat fee of $549, we'll provide you with a report of other marks that sound, look, or mean the same as your mark in up to five classes. If you'd like us to interpret the results and offer our recommendation on whether you should proceed with the registration, we're here to help for an additional $249. With our comprehensive search, you can proceed with confidence in your trademark registration.