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Q.What is the difference between a knock-out and full U.S. availability search?
A.A preliminary knock-out search is a quick, limited search designed to determine if there are any pre-existing identical and very similar marks. Generally a preliminary knock-out search of the U.S. federal register can be accomplished in less than 2 hours by competent trademark counsel.
A full U.S. availability search, on the other hand, will reveal if there are any identical, or similar, pre-existing marks registered at both the federal and state level and at "common law." This refers to unregistered marks that are currently being used as domain names, business names, slogans, etc.. in commerce. If time permits, it is strongly recommended that a full search be conducted before filing a trademark application and that a written opinion be gathered from a competent trademark attorney on the feasibility of using the mark you pre-selected.
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