Helped Clients Recover Over $25 Billion. Since 1979.
Helped Clients Recover Over $25 Billion. Since 1979.
Before you build a brand around a name, you should know whether someone else already has rights in it. The Schenk Law Firm runs a U.S. Full Availability Trademark Search and explains the results in an opinion letter, so you can file with confidence or choose a stronger name.
U.S. Full Availability Trademark Search
We search federal and state registrations and pending applications, and we look for unregistered uses of similar names.
Opinion Letters
We explain the results in a written opinion on whether the name can be used, protected, and registered.
Screening Several Names
When you have more than one candidate, we screen the options first and run the full search on the strongest.
Comparing Candidates
We can search two finalists side by side so you can see the risks of each before you choose.
Descriptive and Generic Names
We flag names the USPTO is likely to treat as descriptive or generic, including foreign words that translate to a common term.
Filing the Application
When the search is clear, we file the application. See our trademark services page.
Isn’t a quick online search enough?
A quick search can rule out obvious conflicts, but it can miss similar names, state registrations, and unregistered uses that can block you.
The search found similar marks. Can we still use the name?
Sometimes. It depends on how close the marks are and how related the goods or services are. The opinion letter lays out the risk so you can decide.
We’ve already been using the name.
A search is still worth doing before you invest more, since another business may have earlier rights.
Our name is the ordinary word for our product.
The USPTO won’t register a generic name for that product. We can help you find a distinctive alternative.
We have a few names in mind.
We can screen several and focus the full search on the best candidate.
Experience
David Lizerbram has practiced trademark law for more than two decades and has handled more than 850 trademark filings.
A Clear Opinion
Our opinion letters say plainly whether we think you can use, protect, and register the name.
Search to Registration
We use what the search found when we draft the application.
Case Study
A supplement company asked us to clear two proposed product names, and both searches turned up crowded fields of similar marks for dietary supplements. We advised against both, then searched a third name the client already used on a book, which came back clear. We filed the application within a week, and it registered.
Case Study
A seafood importer wanted to brand its private label with the common name of a fish, which the USPTO treats as generic for that product. We screened three replacement names, recommended a coined word with no close conflicts, and confirmed it with a full availability search and opinion letter. The client adopted the new name, and we filed the application.
Case Study
An industrial tool maker asked us to clear a coined product name before launch, and the search found no conflicting marks. We filed the application three weeks later, and it registered without a single office action.
Case Study
An apparel startup’s search showed several similar marks for clothing, and our opinion letter laid out that risk plainly. The client chose to file an intent-to-use application within the week. The application passed examination with no refusal, and after we filed the Statement of Use, the mark registered.
Client names and identifying details are withheld. Results depend on the facts of each matter, and past results don’t guarantee a similar outcome.
The Schenk Law Firm is based in North Park, San Diego. We search and file for businesses in every state.
Trademark searches, applications, and protection for brand names and logos.
Responses when the USPTO refuses or questions an application.
Keeping a registration alive with its maintenance filings.
Reviving an Abandoned Application
What to do if a deadline was missed.
Statements of Use & Extensions
Proving use after allowance.
Trademark vs. Copyright vs. Patent
How the three kinds of IP protection differ.
Changing a name after launch costs far more than checking it first. Send us the names you’re considering.
Contact us today to discuss a trademark search.
Request a ConsultationFederal registrations and applications, state registrations, and common-law uses such as business names, websites, and products sold under similar names.
No search can guarantee the USPTO’s decision, but a clear search lowers the risk of a refusal or a dispute.
You can search the USPTO’s database for free. A full search adds state and common-law results, and the opinion letter adds a judgment about how close is too close.
Yes. Registering a company name with the state doesn’t give you trademark rights, so it’s best to search before you settle on the name.