I. Conducting a Clearance Search -
A clearance search is an investigation to determine whether a new trademark1 can be used without interfering with an existing, senior trademark. No matter how unique you think your new mark is, someone in the same, or a related, industry may be using a similar mark. The cost of a search, and analysis by an attorney, typically runs between $500 and $2,600 per mark. No search is perfect and not all senior users are reasonable. Even if you conduct a search and conclude all is clear, it is possible that a senior user may object to your use. Many businesses do not conduct clearance searches because they feel they are familiar with the market and a clearance search is unnecessary.
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