Knockout searches are an important due diligence tool to help you quickly evaluate the level of risk in filing a trademark application. Obtaining a trademark application is not a fast or inexpensive process. It almost always requires at least 6 months of protracted work, if not 12, and usually costs at least $1,000 or more. In some cases, when issues arise during prosecution, costs can increase by $1,000 or $1,500. And when issues arise, it is often because the Office finds a previously-registered mark that it thinks is too similar to the one on which you filed. If you are unable to overcome that similar mark, your application may not be able to move forward and will eventually become abandoned. In most cases, this can be prevented.
To avoid unexpected costs, and to possibly avoid filing a trademark application directed to a mark that will probably get rejected, a knockout search is recommended. A knockout search is a special kind of trademark search – it is an attempt to replicate the search that the Trademark Office runs. We use a software tool to help us run this trademark search of the Trademark Office records for registered and pending marks which could be cited against you. We always look at abandoned marks to consider why they were abandoned – sometimes those marks have relevance for yours.
Knockout searches are $150 for a mark in a single class of goods and $300 for marks used in multiple classes. This can potentially save $1,000 – $2,000 in prosecution costs. They can be set up without the need for an in-person meeting. Contact trademark attorney Tom Galvani at 602-281-6481 to ask him questions or start your knockout search today.