The USPTO will not register your trademark if it is confusingly similar to another federally registered trademark, and the USPTO will not refund your fee just because it does not register your mark. Because of this, many people opt for our Premium Trademark Registration Package, which includes a comprehensive trademark search.
Trademark registration companies (NOT law firms like Forward Mark) only offer what is called a “knock-out” or “direct-hit” search. This means they will search the U.S. Patent and Trademark Office’s database for trademarks that are the same as the trademark you want to register, but not trademarks that are confusingly similar. “Confusingly similar” is a legal principal that has been defined by courts, so trademark companies like LegalZoom that are not law firms are legally prohibited from performing and analyzing those kinds of trademark searches for you because they would be engaging in the unauthorized practice of law.
Because full federal federal trademark search is important to determine whether you can register your trademark, a comprehensive trademark search and opinion letter is offered with every Forward Mark Premium Trademark Registration Package. The comprehensive trademark search looks for registered and non-registered trademarks, both of which may prevent registration of your trademark. Forward Mark will also draft an opinion letter for you stating whether we believe the U.S. Patent and Trademark Office will register your trademark.