Trademark Search Results – Key Questions

It might sound obvious, but trademark searches aren’t worth anything to you unless you can use the results. One important thing to ask before you order a trademark search from anybody is this: “What will I be given when the search has been completed?”

This one question can be broken down into a number of further questions:

Question 1: “Will the results be reported to me in writing?”
Remember, opinions and information alway carry more weight when expressed in writing. While you would always hope that you’ll get well-considered advice or information whenever you pay for it, this is not always the case. You’ll find it much easier to hold the opinion giver accountable afterwards, and consequently, they’ll be forced to think much more carefully about what they tell you.

Question 2: Will the report interpret my results?
Trademark law can be tricky, and it’s not immediately obvious to a lay person what particular results actually mean. Imagine that you want to trademark the name “Flamba” for hats, and your search has turned up a company that already uses “Flamber” in relation to sunscreens. What does this mean? Will you be infringing their trademark if you use “Flamba”? Would the “Flamber” people be able to prevent you from having your trademark registered?

Make sure that your results include a legal opinion by a properly qualified person as to what they mean.

Some search services are really designed to be used by lawyers and trademark attorneys rather than lay people. If you aren’t that familiar with trademark law, make sure you’re not ordering one of these searches.