What is the difference between a trademark search and a clearance search?
A trademark search and a clearance search are both important steps when considering a trademark application in Virginia. A trademark search is a search of existing trademarks that are already registered and/or pending with the United States Patent and Trademark Office (USPTO). This search is conducted to determine if there are any similar marks already being used, and if so, what the potential for conflicts may be. A clearance search is a more comprehensive search of both federal and state level records for trademark registrations and pending applications. This search is further expanded to include common law marks, corporate names, domain names and other potential sources of potential infringement. Through this search, businesses can determine what names are not yet trademarked but have a potential of becoming trademarked. The purpose of a trademark search is to help determine whether registering a trademark would create a conflict with an existing or planned mark. A clearance search is typically done when a business has already decided to pursue a trademark but wants to ensure that there is no potential infringing material or marks. Both searches are important steps when considering the registration of a trademark in Virginia.
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