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  • Home
  • Who We Serve
  • Practice Areas and Fees
    • General Counsel Service
    • Business Law >
      • LLC Formation
      • LLC Operating Agreements
      • Close Corporation Formation
      • Corporate Bylaws
      • Close Corporation Agreements
      • Other Business Law Services
    • Business Contracts >
      • B2B Service Agreements
      • Contract Review and Advice
      • Customer Agreements
      • Financial Agreements
      • Joint Venture Agreements
      • Lease Agreements
      • Noncompete Agreements
      • Nondisclosure Agreements
      • Waiver and Release Agreements
      • Website Privacy Policies
      • Website Terms of Service
    • Business Sales >
      • Business Purchases and Sales
      • Letter of Intent
      • Purchase Agreements
      • Buy-Sell Agreements
      • Membership Interest Transfer Agreements
      • Business Succession & Disaster Planning
      • Business Dissolutions
    • Raising Money From Investors >
      • Private Placement Memorandums
      • Investment Agreements
    • Franchising and Business Opportunities >
      • Franchise Disclosure Documents
      • Franchise Agreements
      • Ohio Business Opportunity Plans
    • Nonprofit Law >
      • Nonprofit Formation
      • Co-op Formation
      • Tax Exempt Status
      • Nonprofit Governance
      • Nonprofit MOUs and Agreements
      • Nonprofit General Counsel Service
    • Intellectual Property >
      • Trademark Search
      • Trademark Registration
      • Trademark Maintenance
      • Copyright Registration
      • Work For Hire Agreement
      • Licensing Intellectual Property
      • Assigning Intellectual Property
      • Proprietary Information and Invention Assignment Agreements
      • Confidentiality Agreements
      • Intellectual Property Audit
    • Employment Law >
      • Employment Contracts
      • Employee Handbooks
      • Employment Policies
      • Independent Contractors
  • Adding Value
    • Legal Audit Checklist
    • Legal Dictionary
    • 7 Common Legal Mistakes
    • Succession and Emergency Planning Worksheet
    • Business Contracts: Review Checklist
    • Webinars >
      • HR 101: Managing the Growing Pains That Come With Growing Your Business
      • Hiring Independent Contractors
      • Legal Audit and Risk Assessment
      • Structuring a Social Enterprise
  • Bio
  • Blog
  • Scheduling
    • Prospective Client Scheduling
    • Existing and Former Client Scheduling
    • Networking Scheduling

Trademark Search Columbus Ohio

Trademark Search
Trademark Registration
Trademark Maintenance
Copyright Registration
​Work For Hire   
   Agreements

Licensing Intellectual
   Property

Assigning Intellectual
   Property

Proprietary Information
   and Invention
​   Assignment Agreements

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​Intellectual Property Audit
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Other Trademark Services

Trademark Infringement
Copyright Law
Copyright Infringement

Digital Millennium Copyright
​   Act (DMCA)

Trademark Search

What is a trademark search?
A trademark search is a process of looking for other trademarks that are used on “related goods or services” that might be “confusingly similar” to your proposed mark. In other words, it’s not enough to say, “no one else has my exact same name or logo or slogan.” We have to find out whether anyone else has any similar variations and how those variations are being used and then compare those results to a wide body of case law analyzing these legal concepts of confusingly similar and related goods and services.

Learn more about these legal concepts.

How do I run a trademark search? 
  1. As a preliminary matter, identify which trademarks you will be searching, how you use those trademarks, and what international class your goods or services fall under. What brand names do you plan to use in your business? Are you planning to build brand awareness around a logo? Will your marketing campaign center around a catchy slogan? Then ask yourself: What products or services will be associated with your trademarks? Once you know that information, then you can determine which international class covers your particular products or services. 
  2. Brainstorm words that might be confusingly similar to your chosen trademark. Remember, the question isn’t whether your trademark is exactly the same as someone else’s but whether it’s “confusingly similar” to another trademark. Think about spelling variations, words that sound the same when spoken aloud, visual similarities, similar meanings or translations, or words or images that create the same general commercial impression.
  3. If your trademark includes a design or logo, then you’ll also need to look up the design search codes for each element included in the design. These codes are what allow you to conduct an electronic search for registered trademarks that also contain similar elements. 
  4. Make a list of related goods or services. Technically, two marks can be similar (even identical) as long as they are not being used in connection with related goods or services. If your trademark search only looks for whether your trademark is being used on a very narrow set of goods or services, there’s a good chance you might miss the use of the same or even similar trademark on goods or services that are considered related. And goods or services in one international class are often related to goods or services from another class (e.g., food products and restaurant services). 
  5. Now you’re ready to search the Trademark Electronic Search System (TESS). You can start with the basic word search function to quickly determine whether another trademark has already been registered. But then you will need to move on to the structured search function (or even the free form option) to run searches for potentially similar trademarks across various international classes and using the same or similar design elements. 
  6. You should also conduct some common law searches to determine whether any unregistered trademarks exist whose owners may have common law rights because they were using the mark before you. To do so, you could also conduct your trademark searching on Google, online retailers, social media sites, domain registries, and the various secretaries of state. ​
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Flat Fee Pricing
Trademark Search and Registration:
  • $1,175 per word mark +$250 minimum USPTO fee per mark per class
  • $1,600 per design mark +$250 minimum USPTO fee per mark per class
We check the USPTO database for other pending or registered trademarks that may impede your ability to register your business's or nonprofit's proposed trademarks, including possible phonetic or spelling variations. We then look for potentially conflicting registered trademarks as well as unregistered marks that might lead to potential common law claims. We then prepare a complete report of our findings, including a legal analysis addressing the likelihood that your trademark will actually register.

No trademark search can guarantee that the USPTO examining attorney assigned to your trademark application won't raise additional/different potential concerns. A trademark search, like many areas of law, involves some level of subjectivity, and different attorneys will reach different conclusions about what is "confusingly similar." Ethically, we cannot make any guarantees regarding the outcome of a trademark registration application. 

If, based on our analysis, you decide not to proceed with a registration application, the Firm will refund $500 per trademark plus the anticipated USPTO fees.

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The information contained on this website is not legal advice or legal opinion and should not be relied upon. Furthermore, nothing contained in this website is intended to create or establish, and does not constitute, an attorney-client relationship. 

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