What is the Difference Between a Knockout Search and a Comprehensive Search?
if you’ve been poking around the uspto website or even some trademark lawyer websites, you have probably come across the terms “knockout search” and “comprehensive (or clearance) search”. but what do these terms even mean?
Knockout Search
A knockout search is a quick search for identical or nearly identical names in the USPTO database and on the Internet. The purpose of the knockout search is to reveal any obvious obstacles that might prevent you from moving forward with that name. This is usually the “cheaper” option since it is a very surface level search.
A knockout search will not reveal most conflicting marks that are based only on “common law” rights, e.g., rights that exist based on everyday use of a trademark in the absence of USPTO registration. While common law trademarks may not seem as threatening as trademarks registered with the USPTO, common law trademarks that predate your use can prevent or at least limit your plans.
Comprehensive Search
A comprehensive trademark search is the best way to assess what risks exist in moving forward with a trademark in the U.S. This search does not search international trademark databases - so if you are looking to file an international trademark, be sure to ask about this specifically. In addition to a more detailed review of USPTO filings and the Internet, a comprehensive search includes a search of various proprietary business databases, state registrations, and domain name registrations.
Despite how thorough a comprehensive search may be, the USPTO database is always behind a few days in terms of the filings they receive - which means a trademark application filed today may not appear in the federal database for a couple of days. So, if a comprehensive search is conducted today, it may not include filings from the last few days. Therefore, someone else could sneak a trademark application in during the time you receive the search results and get your own trademark application on file. This is not a common occurrence, but it is something that you need to keep in mind.
The BEST strategy when it comes to obtaining a trademark is to get your mark cleared via a comprehensive search BEFORE you begin using it AND get the application filed as quickly as possible.
While there are limitations in both the knockout and comprehensive searches, they are still a very important and necessary part of the trademark process. The old adage – haste makes waste – is appropriate in this instance, since a thorough trademark search and review will save you a lot of time and money in the long run.
If you are interested in learning more about the search process or are ready to get started with your trademark application, schedule a consultation with our office!
