How to Do a Trademark Search Before You Apply

Thinking about trademarking your brand? Start here. Before you invest time and money into your application, one of the most critical steps is conducting a proper trademark clearance search. This step can save you from rejection, opposition, or future legal headaches.

In this guide, we will walk you through the trademark search process and highlight key insights from trademark attorney Sharon Adams, who has helped countless startups, Amazon sellers, and small businesses successfully navigate this journey.

Why a Trademark Search Is Non-Negotiable

A trademark search helps you:

  • Avoid infringement on existing trademarks
  • Gauge the registrability of your brand name or logo
  • Save time and money by identifying potential conflicts early
  • Increase approval odds with the USPTO

Adams Law Office explains that due to the sheer volume of trademarks filed every year (including international filings), it’s more difficult than ever to secure a unique name. That’s why she recommends starting the trademark application process with a detailed clearance search.

What Is a Trademark Clearance Search?

It’s more than typing your brand name into Google or the USPTO database. A proper clearance search digs deeper:

  • Exact matches
  • Similar names or spellings
  • Phonetic equivalents
  • Related goods or services

Sharon emphasizes that even when a name looks available, you must look at names in related industries or classes that might still pose a conflict.

Free vs. Professional Searches

You can start with free tools like:

But as Sharon notes, these tools only scratch the surface. She offers professional clearance searches that:

  • Examine federally registered and pending marks
  • Include common-law marks (those not federally registered)
  • Interpret how an examiner might perceive confusion

“Even if a name appears available, an examiner may still find a likelihood of confusion. Every examiner has their own interpretation.” – Sharon Adams

You can follow us on LinkedIn and YouTube to learn more about trademark services.

What Happens After the Search?

Sharon’s process includes:

  1. Analyzing search results with the client
  2. Identifying risks and close conflicts
  3. In some cases, suggesting alternatives if the original name is not viable
  4. Proceeding to file only when the chances of success are reasonable

Sometimes, she even advises clients to go back to the drawing board if all viable names in a category are blocked. While she doesn’t create brand names, her insight helps refine names that are more likely to pass.

Final Thoughts

A trademark search is a strategic safeguard, not just a formality. It’s about understanding the landscape, minimizing risk, and ensuring your brand gets the legal protection it deserves.

Sharon’s client-first approach, grounded in thorough clearance research, is what sets her apart from DIY platforms or “trademark mills” that skip these crucial steps. Ready to move forward?
Start your journey with a search that gives your brand the green light.

You can follow us on LinkedIn and YouTube to learn more about trademark services.

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Adams Law Office

Sharon Adams is a trademark attorney with over a decade of experience helping businesses protect their brands. As the founder of Adams Law Office, she focuses solely on trademark law, offering services like clearance searches, applications, renewals, and brand strategy. Sharon has secured trademarks for companies across industries, from tech and fashion to food and media. She’s a top-ranked UC Davis Law graduate and a trusted legal ally for growing businesses.

“Disclaimer: This blog post is provided by Adams Law Office for educational and informational purposes only. It is intended to offer a general overview and understanding of trademark law and related topics, not specific legal advice. The content reflects the state of the law at the time it was written and may not reflect subsequent legal developments. This material should not be used as a substitute for professional legal counsel tailored to your individual situation. For personalized legal guidance, please consult a licensed attorney.”