We search for federally registered trademarks and prior pending applications that may affect your ability to register your trademark (due to a likelihood of confusion) using a proprietary system--which generates a “similarity score” showing how close your trademark is to prior pending and registered federal trademarks.
Similarity is described as a “safety level” between one and five. One is the worst. Five is the best. Likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source. If confusion is likely, then the U.S. Patent and Trademark Office will reject the application.
In our experience, typically, trademarks with a safety level of 1 will be rejected. Trademarks with a safety level of 2 or 3 are registrable in limited circumstances. Trademarks with a safety level of 4 or 5 have no obvious conflicts and are registrable without difficulty.
We have taken all reasonable steps to ensure the completeness and accuracy of this search, but the search report may fail to include one or more trademarks that would be relevant in determining the registrability of the proposed trademark due to a number of factors, including delay in updating the databases, applications filed on the basis of a foreign application or registration that may obtain an effective filing date that is earlier than the actual filing date under certain international treaties, and our system's inability to warrant its databases are error-free. Additionally, federal trademark law protects the owners of “famous” marks by preventing registration of other marks substantially similar to the famous mark even in the absence of any likelihood of confusion as to source or affiliation.