What is trademark clearance search?
Clearing a trademark is meant to avoid two primary problems. First, it seeks to avoid the costs associated with defending an infringement suit or re-branding because you selected a brand that is owned by someone else. Second, it may avoid the costs associated with a trademark registration that will ultimately prove futile because of a blocking registration.
How does trademark clearance work?
Frankly, it would be unduly expensive to pay an attorney to run every iteration and variation of a proposed mark or brand through dozens of databases. So, most attorneys utilize vendors for that task. Jonathan uses a vendor, review and curate the results, and reaches out to you to discuss the relative risk of adopting the proposed mark.
No trademark clearance is perfect. Vendors may miss references. Words like “Cyclone” and “Hurricane” may not be correlated, despite having similar meanings. In the end, the clearance is more about risk assessment. No trademark clearance can provide certainty. But, with Jonathan, you will have a reasonable assessment of the risk associated with moving forward with a brand or mark.
How can this be done on a flat rate?
Through his years of experience in clearing brands and marks, Jonathan LA Phillips can typically provide you with a predictable flat-rate to conduct the search, review the results, curate them, and provide you with an opinion as to the risk associated with adopting a brand or mark. If you would like to set up a consultation concerning your proposed mark, please use the form below.