Can You Really Trust a Free Trademark Search? Here’s the Truth

Starting a new brand is often very exciting, and performing a free trademark search can feel like a quick and wise move. It offers instant gratification and costs nothing. However, the reality is much more complicated. Once you begin to really understand the mechanics of trademark law, you’ll learn that accuracy always beats convenience.

What Is a Free Trademark Search?

A free search allows a person or a company to quickly check whether a brand name, logo, or slogan is already being used. Many individuals depend on free online tools or the primary government databases, like the USPTO’s TESS system.

Initially, these searches may appear to provide satisfactory information. But they only tell you about exactly what you search and can miss phonetic, visual similarities, or anything that may also conflict with your pending mark.

Therefore, while these searches may seem satisfactory, they simply do not provide complete results. If someone is serious about protecting their brand, they should have a comprehensive trademark registration search.

Downsides of Using Free Trademark Search Tools

Although free search tools may be useful, they can also lead to costly mistakes later. Most of the free search sites are only showing you the first round of results.

  • Limited Data: Free tools do not show trademarks, or marks registered internationally, or marks with different spellings.
  • No Legal Expert Evaluation: Free tools do not have a legal expert interpretation of “similar” marks or the possible likelihood of confusion.
  • No Guidance for Next Steps: The majority of search results will not have an expert level of evaluation.

That being said, a free search might be a good starting place. But it will not provide the depth needed for real brand safety.

Advantages of Professional Trademark Searches

Professional searches can uncover valuable knowledge of trademark availability and strength. They will conduct a search encompassing every possible depth of risk to consider before application, as opposed to free tools.

  • Breadth of Databases: Professional trademark practitioners employ sophisticated systems that have broadened databases. These databases include national, international, and common-law databases.
  • Interpreting Your Name: Practitioners will conduct searches, not only for your exact name, but similar names, logos for complete protection.
  • Risk Assessment: You will receive a more comprehensive report of possible conflicts and actions, if any, to reduce the possibility of denial.
  • Filings Strategically: Your experienced consultant will assist you with properly applying, minimizing delay, and rejections.
  • Tracking New Filers: Professional trademark practitioners will monitor newly filed applications with mark(s) that may conflict and/or threaten your brand exclusivity.

Therefore, hiring professional search experts instead of free searches will give you complete peace of mind. Technology may improve, but nothing will substitute for a professional search when blocking and protecting your creativity.

A free trademark search is an excellent first step. You can take it to measure out your suitable options. However, only a professional strategic search guarantees finding the relevant, feasible, and actionable information. Therefore, do not take a risk and bestow the duty of your trademark search on the experts.

Source:- https://ezinearticleblog.com/can-you-really-trust-a-free-trademark-search-heres-the-truth/


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