Scope Of Search In Trademark Law

What is it? The scope of the search, including the territory in which you conduct the search and the industries within which you search, is dependent upon: (1) where you intend to use the mark; (2) which industry you are selling your goods or services; (3) how much money you are willing to spend in a search, and (4) your tolerance of the unknown. Generally speaking, a good search will include identical marks in all industries, and confusingly similar marks within your own industry or industries. To the extent that you have enough money, and you dont tolerate risk well, you should pay for a professional search firm to conduct a nationwide search of all existing and pending state and federal government registrations, and perhaps even Secretary of State filings, which are not part of most firms full search requests. If you have even a remote interest in expanding internationally, then you should also conduct a similar search in any country or continent in which you think you may expand. However, if you are low on funds, and highly risk tolerant, then you must at a minimum still search the Internet, the yellow pages, and any industry journals in all the regions of the country you plan to conduct business, since recent court decisions indicate that failure to conduct a reasonable search may be treated as willful infringement. Furthermore, even if you dont plan to immediately operate in an adjacent territory, you should still conduct a search there because businesses with plans for expansion will have rights prior to yours in some cases. (See the doctrine of natural expansion).

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