What is the difference between a trademark search and a clearance search?
A trademark search and a clearance search are both used by businesses to make sure their proposed trademark is available for usage. However, they differ in what information they provide. A trademark search is a search of existing trademarks, records and documents related to trademark law in the jurisdiction in which the proposed trademark will be used. This search helps determine if there are potential conflicting trademarks with the proposed trademark. In the state of Washington, a trademark search should be done through the Secretary of State. A clearance search, on the other hand, searches more sources, including common law trademarks that may not be recorded in the official register. It also considers logos, slogans and other factors. This search gives the business more information about the likelihood of the proposed trademark being approved or not. In Washington, a clearance search should be done through a professional service. Overall, a trademark search is a more basic search that can be conducted internally, while a clearance search is more comprehensive and requires the help of a professional service. Businesses should conduct both searches in order to ensure that they are not infringing upon existing trademarks and to also make sure their proposed trademark is not likely to be rejected.
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