In assessing whether a mark is registrable the relevant question is whether it is likely to cause confusion in the market place as to the source of goods or services. Importantly, the standard is NOT whether it is exactly the same as another mark. Registrability is a complex legal question that must be answered in order to determine the economic feasibility of adopting any given mark. A trademark availability search and opinion should always be obtained before adopting and/or attempting to federally register a new logo, tag line, brand name, company name or other trademark.
We offer our clients several a menu of options for obtaining a trademark clearance search, and we will customize the scope of the project to meet your business objectives. This may mean a comprehensive search of all federal trademarks, trademarks registered in all 50 states, common law trademarks, and domain names. Alternatively, you may only need to quickly screen several branding options before conducting a more thorough analysis, or maybe you have needs that are somewhere between those two extremes.