Discussion:
What is the name of your state? Texas
Before filing for a trademark, how important is the National Common Law search? Do I really need this? I've already had a US Federal & State search done, and everything came back good. So is the National Common Law not necessary? What are the benefits of having one done?
Thanks.
Answer:
So is the National Common Law not necessary? If the federal and state searches searched MORE than just registrations, then no. However, they almost certainly only checked the registrations, so a common-law search would be necessary if you wanted to be really sure that your mark is clear.
What are the benefits of having one done? So you know if there are any common-law trademarks out there that would be similar to your trademark!
Whether or not you need a comprehensive common-law search will depend on what YOU plan to do with your trademark. If you plan on using your mark nation-wide, then you want to make sure that nobody else is using your mark currently. The way trademark works is that even if you register a mark, if someone else is already using the same or similar mark in a certain region, then they can continue to use the mark without infringing on your mark and, further, you may not be able to use YOUR mark in the region they are operating.
So, it all just depends on what you plan to do, and balancing what risks you are willing to take versus the cost of the search.
Answer:
How would I be able to tell if they only searched the registrations? What would be the terminology I would use to ask them exactly what they searched?
Answer:
Just ask if they searched registrations only, or if they did any common-law searching.