Should I perform a trademark search? Yes! You are under no obligation to vet your marks before attempting to register them, but the USPTO does not pre-screen new applications before accepting your filing fee. The thorny issues of confusion and descriptiveness are among the many reasons we strongly recommend conducting a trademark search prior to submitting an application (and working with someone who knows trademark law throughout the application process). These searches don’t guarantee that your registration will succeed, but they do go a long way in weeding out likely stumbling blocks and redirecting problematic naming conventions before you spend the money to try and register them.

You can (and should) do your own research with the USPTO’s Trademark Electronic Search System and Google, and you can also employ search assistance, like the trademark screening options we offer at Drumm Law.

Whatever the language, and whether it is a name, acronym, colloquialism, inside joke, or series of letters you put together at random, doing your due diligence to ensure that no one has gotten to you trademark first is important. It will save you money, time, and heartache in the long run.