Why search before filing?
The USPTO does not refund filing fees when a mark is refused. Worse, adopting a mark that infringes a senior right exposes the brand to cease-and-desist letters, litigation, and forced rebranding — all of which dwarf the cost of clearance. A clearance search is the cheapest insurance policy in IP practice.
The knock-out search
A knock-out search is a fast check of the federal register (USPTO TESS / TMSearch) and a handful of high-signal sources to identify obvious blockers. Limited scope and low cost, it’s designed to spot “red lights” immediately so the client doesn’t fall in love with a mark that’s already taken.
The comprehensive search
A full clearance search expands to state registrations, common law sources (business name databases, domain registries, social media handles, app stores), and industry publications.
Common law results matter because rights from continuous use can predate federal registration. A comprehensive search is the only way to surface senior users who might otherwise emerge after the brand is in market.
Risk analysis & opinion letters
Search data without analysis is useless. The attorney’s real job is to interpret results, assess similar marks in related Nice classes, and write an opinion letter that ranks risk from “very low” to “high.” A good opinion letter is the document the business uses to greenlight launch spending.
From search to docketing
Once a mark is cleared and filed, the workflow shifts from analysis to discipline. The filing date triggers examination deadlines, publication periods, and (if all goes well) maintenance windows. Roll your cleared mark straight into a docketing system that knows the rules — that’s what LexiDots does.