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Filing Process · 3 min read
Why Trademark Searches Matter
Filing without a clearance search is the single most common way business owners lose money on a trademark application.
A trademark search checks the federal register, and ideally state registrations and common law use, for marks that already exist and could be considered confusingly similar to the one you want to file. The USPTO will run this same comparison during examination. The question isn't whether the conflict gets found. It's whether you find out before or after you've paid the filing fee and told the world you're using that name.
What 'confusingly similar' actually means
It's broader than an identical name. The USPTO looks at how similar the marks sound, look, and mean, and whether the goods or services are related enough that a customer might reasonably think they come from the same source. Two very different-looking names can still conflict if they're phonetically close and used in the same industry.
What a search saves you
A refusal based on a prior conflicting mark isn't just a delay. It can mean the name is not available to you at all, after you've already built a brand around it. A search before filing turns that into a decision you make on your own timeline, instead of one the USPTO makes for you months later.
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Related reading
When Should I Register My Trademark?
Earlier than most business owners think, and there's a specific filing basis for businesses that haven't launched yet.
What Happens After You File a Trademark Application?
Filing is the beginning of a process that typically runs somewhere between eight months and well over a year. Here's what happens in between.
What Is a USPTO Office Action?
A formal letter from the examining attorney raising a legal or procedural issue with your application, not a rejection, and not the end of the road.