Legal Definitions - trademark search

A trademark search is a process of investigating whether a new trademark is already registered or in use by other trademark owners. The purpose of the search is to avoid the likelihood of confusion and infringement of intellectual property rights. It is advisable to conduct a trademark search before using or registering a new trademark.

For example, if a company wants to use a new logo for their product, they should conduct a trademark search to ensure that no other company is already using a similar logo for a similar product. If they find a similar logo, they may need to modify their logo to avoid infringing on the other company's trademark rights.

The United States Patent and Trademarks Office (USPTO) provides a tool called the Trademark Electronic Search System (TESS) to conduct a preliminary search in their trademark database. However, it is recommended to conduct a thorough trademark search with the assistance of a professional search firm because some parties may have "common law" trademark rights as a result of being the first to use a trademark in commerce (even if such a trademark is not registered at the federal or state level).

It is important to conduct a trademark search to avoid legal disputes and protect your intellectual property rights.