EP88: 2 Big Risks When Doing a Trademark Search

Legally Enlightened with Lisa Fraley

Oct 21 2019 • 19 mins

The first step to Trademarking your brand is to do a Trademark Search. The purpose of a Trademark Search is to identify potential conflicts with existing registered Trademarks so you can assess whether it’s wise to move forward with a Trademark Application. I recommend that you have an attorney help you with the Trademark Search, but clients often ask me, “What are the risks if I do a Trademark Search on my own?” In today’s episode, we’ll identify the 2 biggest risks to watch for when doing a Trademark Search on your own.

In this episode, Lisa shares:

  • What a Trademark is and how it protects you
  • The main benefit of Trademarking
  • 2 big risks of doing a Trademark Search on your own
  • What can happen if you rely solely on an “initial search” in the USPTO database
  • Why what is “confusingly similar” to the USPTO might not be apparent to you
  • Why I recommend having a lawyer experienced in Trademarking help you with a Trademark Search
  • Why I believe having a Trademark is a “crown jewel” for a small business owner

Easy Legal Steps - download the first book chapter free!

Episode 7—What You Should Trademark

Episode 48 - 3 Reasons to Trademark

Episode 25 - How to Trademark in 2 Steps: The Search and the Application


U.S. Patent and Trademark Office

USPTO Trademark Database (TESS)


Maya Angelou