Trademark Clearance

SonnabendLaw offers a range of fixed-price, surprise free trademark clearance and counseling services. Each clearance type is carefully tailored to satisfy a specific need of trademark owners. Please contact us if you have any questions about what level of clearance is most appropriate for your needs.

This is the most basic search we offer. The Federal Registration Screen is designed to eliminate marks with poor likelihood of registration based on existing applications or registrations. It is not designed to tell you whether a mark under consideration has a reasonable likelihood of registration (use the Federal Trademark Office Search for that).

The Trademark Federal Registration Screen includes a search of the federal trademark database, including both live applications and live registered marks, for marks substantially the same as your mark. The search does not seek to include marks which are merely similar but not substantially the same as your mark.

The fee for this search, with report, is $225 per mark. Only non-graphical “word marks” can be searched.

This search is useful when deciding whether or not to seek federal registration of a mark. It searches the same information a trademark examiner will search when he or she reviews your application.

The Federal Trademark Office Search includes a search of the federal trademark database for both live applications and live registered marks. It looks for marks substantially the same as or confusingly similar to your mark. The search does not include searches of international, state or common law databases.

The fee for this search, with report, is $350 per mark (word marks), $375 per mark (logos). Both graphical marks and non-graphical “word marks” can be searched.

Under U.S. and international law, existing marks that are similar to yours may interfere with your ability to use your mark – even if those other marks are not registered. In some cases, using a mark that conflicts with an existing mark may render you liable for trademark infringement. The Comprehensive Clearance Search helps you assess the existence, if any, of conflicting, existing marks and to avoid claims of trademark infringement. The search includes the The Federal Trademark Office Search (detailed above) and covers several additional sources, including broad web searches, shopping searches and international brand databases. With the results of your Comprehensive Clearance Search in hand, you will be better able to determine your rights to both register and use your mark throughout the United States.

The fee for this clearance search, with report, is $750 per mark. Only non-graphical “word marks” can be searched.

Determining Registerability of a Mark Internationally – The International Search

This search is useful when deciding whether or not to seek registration of a mark outside the U.S. It searches the same information an international trademark examiner will search when he or she reviews your application.

The International Search includes a search of all available non-U.S. databases for both live applications and live registered marks. It looks for marks substantially the same as or confusingly similar to your mark. The search does not include searches of U.S., state or common law databases.

The fee for this search, with report, is $400 per mark (word marks), $450 per mark (logos). Both graphical marks and non-graphical “word marks” can be searched.