Before adopting or filing for a trademark or service mark it is advisable to have a search run and to receive an opinion whether the mark is available for registration. Considering that a mark is to be used to identify goods and/or services, having a search conducted and obtaining an opinion will increase the likelihood that the mark can be used and protected. There is little reason to adopt a mark if it cannot be used or protected.
A search will entail considering registered and pending marks, seeking to identify any that might create a likelihood of confusion with the proposed mark. The search frequently will also entail a search of business names and other common laws uses that might preclude use and/or registration of the proposed mark.
Having a search conducted and obtaining an availability opinion is a good first step when preparing to introduce a new mark for a new or existing product.