Trademark Knock-Out Searches

According to an article by Diane Duhaime and Elizabeth Pasquine, "Although there is no requirement under U.S. law that a company first conduct a trademark search, trademark counsel will normally recommend one because the expenses associated with defending a lawsuit [and/or changing the mark] will almost always far exceed the expenses of clearing and obtaining U.S. registration of the mark." If the mark will be used in the U.S. only, the first type of search conducted is normally a preliminary, online search of the U.S. Trademark Register. This preliminary search is fast, inexpensive, and avoids the expense of obtaining a more-expensive "full trademark search (including unregistered "commonlaw" rights) from a commercial supplier if the proposed mark is "knocked out" during the preliminary search results.