Trademark searches are a valuable investment for several reasons. First, by obtaining a search report you will be able to make informed decisions about whether to pursue using a particular trademark. For example, if there is already someone using a similar trademark you should strongly consider choosing a different mark, otherwise you will have to share this space, which is not a good business move. The only way to know if others are using the same or similar mark is to obtain a search. Second, obtaining a trademark search and relying upon the results can insulate you from any future finding that you willfully infringed the trademark of another. Essentially, if you obtain a search and in good faith feel the use of a mark would not be infringing it will be virtually impossible for anyone to prove later that you purposefully engaged in infringing activities.

The trouble with trademark searches is that there is no standard as to what is an acceptable search. You probably see some ads from Google on this page for various “trademark searches,” and the prices probably range from $99 to $600. Even though searches on both end of the spectrum are frequently referred to as “trademark searches,” an attorney specializing in the area would distinguish the two as being very different indeed. As with everything in life, you get what you pay for.

A trademark registerability search usually runs about $99, but that is only going to search to see if you can get a federal trademark registered. Those trademark searches that range from $399 to $600 usually are comprehensive searches that will search every possible database to see if anyone else is using the trademark, or similar mark. The difference is this, just because you register the mark doesn’t mean you can prevent others from using the mark if they have already been using it prior to your registration. Furthermore, if there are people using something similar it would likely be desirable to change the trademark so that it is more differentiated from other uses, even if the uses are not in conjunction with a registered trademark.

If you would like to file a trademark application, or obtain a trademark search, you may want to try LegalZoom.com’s trademark service. This is one of several online services that have worked to create an easier to use application system.

If you are up for trying to file your own trademark application I explain how to do this at How to Register a Trademark in the United States.