The short answer is yes, you should. Conducting a prior search can help you identify whether the mark you have chosen is already in use. This is a necessary first step before choosing labels, marketing materials, a domain name and creating a website. A branding change after all of these have been selected would be very disruptive.
The United States Patent and Trademark Office (www.uspto.gov) provides an online search system which is both intuitive and easy to use (https://tmsearch.uspto.gov/search/search-information). This includes helpful videos on how to search for trademarks. If you believe you came up with a unique mark, doing a search may help you confirm whether the mark may already being used by someone else. These “knockout” searches are a good starting point but it is usually best to rely upon a full search and the professional opinion of legal counsel.
A full search includes business registrations, domain names, state trademark registrations, social media and other databases. An experienced trademark attorney needs to review the search results and provide advice. For example, a trademark application for WILD ROSE NO. 8 for women’s perfume might be rejected if there is already a registration for WILD ROSE NO. 8 for vitamin supplements. This is because businesses that produce women’s beauty products sometimes also produce vitamin supplements. Another concern is that English terms need to be translated into their foreign equivalents. For example, a prior registration for WILD ROSE NO. 8 in French for women’s perfume would be a bar to registration.
A full prior search of a potential trademark is also important because it may prevent or reduce your potential damages if you are faced with a trademark infringement lawsuit. The failure to conduct a full search can be a factor that indicates “willful” trademark infringement. This could result in a court forcing you to turn over all of your profits to the plaintiff in the lawsuit. For these reasons, the cost of an initial search is far less than the potential legal bills arising from defending yourself in court.
So yes, conduct an initial search early on in the process and be creative in choosing a strong mark (https://dunnington.com/trademark-talk-what-makes-a-trademark-strong).
