It is not a legal requirement that any searches be done before you use a trademark or apply for a trademark registration. However, it is very advisable.

Comprehensive Screening

In this step, a candidate for registration that has passed the preliminary screening will be investigated in greater detail. This involves more detailed searches of database registries, and may also include ‘common-law’ searches. Once again, you can access some of the registries yourself on line. We offer services that provide comprehensive searches based on registry and ‘common-law’ sources such as business registries, business journals, newspapers, etc. For more information, see our services.

Further Investigation

If any of the searches turn up names that should be investigated further, then other sources such as corporate name and business name databases may have to be consulted. Even if another mark is exactly the same as yours, if the line of business is sufficiently different then your mark may be registrable.

Deciding to Apply and Opinions

Once all the searches and investigations have been been done, it’s time to decide what the chances of registration are and whether you want to go forward. If you have a registered trademark agent working for you, this is the time when you will receive the official Opinion as to registrability. See the costs and benefits of hiring a trademark agent.

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Next: Preparing & Filing the Trademark Registration Application