What scope should I select?

Choose federal USPTO search, all relevant state registries, domain and marketplace checks, and common-law internet searches. Broader scope increases effort but reduces clearance risk.

Can this form be signed electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure intent, consent, attribution, and retention are documented.

Do search results replace counsel review?

No. A search report is an investigatory tool; an attorney should review findings to give a clearance opinion and advise on filing strategy and risk.

Is notarization required?

Not typically for a search intake. Notarization may be needed for assignments or other legal instruments; check state rules or counsel guidance before notarizing.

How do I handle private or PHI data?

Avoid collecting PHI on the intake. If health data is required, use HIPAA-compliant tools and a signed BAA with the vendor before transmitting such information.

How long should I retain the form?

Retain the search form and report for several years after filing or project end; follow IRS, HIPAA, and your internal records policy for specific retention periods.

Trademark Search Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

TRADEMARK SEARCH FORM

Parties and Effective Date

Client Name Search Provider Name

Effective Date: .

WHEREAS

WHEREAS, Client Name: desires to retain Provider Name: to perform trademark clearance and availability searches with respect to the trademark described below; and

WHEREAS, Provider will perform such searches and prepare a written report identifying registered and common-law marks reasonably found in the jurisdictions and databases specified, and will provide an opinion limited to the search results and not constituting a fileability or registration guarantee.

Trademark Details

Proposed Trademark / Mark Goods and Services (Description and Class Numbers) Specimen/Use (brief description)

Scope of Work

Provider shall conduct a trademark clearance search limited to the scope selected below and shall prepare a written search report summarizing findings, relevant registered marks and live or dead statuses as determinable from the searched sources, and a brief risk assessment. Provider does not guarantee registration or the absence of conflicting uses not discoverable by the search.

Detailed Scope and Instructions

Search Parameters & Methodology

Select the search methods to be performed:

Word mark (exact and near matches)

Design mark (visible elements and potentially confusing designs)

Common-law/unregistered use search (commercial sources, business directories, marketplaces)

Additional Search Instructions

Deliverables

Provider will deliver a written report that includes: (a) list of potentially conflicting registered marks with registration numbers and relevant status where determinable; (b) identification of apparent common-law uses identified in the search; (c) summary of likelihood of confusion indicators; and (d) recommended next steps. Delivery format and timing must be specified below.

Report Format and Delivery Timeline

Payment Terms

Client agrees to pay Provider the fees set forth below in exchange for the services. Fees are exclusive of applicable taxes and disbursements unless otherwise stated.

Search Fee (flat) Payment Schedule Late Fee / Interest Billing Contact

Term and Termination

This engagement shall commence on Start Date: and shall terminate on End Date: unless earlier terminated in accordance with this section.

Either party may terminate this engagement for convenience upon written notice to the other party delivered at least days prior to the effective termination date. Upon termination, Client shall pay Provider for services performed and reasonable costs incurred through the effective date of termination.

Confidentiality

Each party acknowledges that it may receive confidential and proprietary information of the other party. Provider shall treat Client-submitted materials and search results as confidential and shall not disclose such information except as required by law or with Client's written consent. Provider may, however, include redacted examples of non-identifying search methodologies in aggregate marketing materials.

Client acknowledges and agrees that Provider's search results and opinion are based on the methodologies selected and the information provided by Client; Provider is not responsible for use of the mark following delivery of the report.

Client confirms acceptance of confidentiality terms: I agree

Representations and Client Responsibilities

Client represents that it has the authority to engage Provider and to provide the trademark and related information. Client shall promptly provide accurate instructions, specimens and ownership information required by Provider to perform the search.

Client confirms representation: I represent that I have authority to act on behalf of the Client named above.

Governing Law and Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified below, without regard to its conflicts of law provisions.

Governing Law (State or Jurisdiction)

This document, together with any attachments executed contemporaneously, constitutes the entire agreement between Client and Provider with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating thereto. Any amendment must be in writing and signed by both parties.

Miscellaneous Provisions

Notices under this Agreement shall be sent to the billing/contact information provided above or such other address as either party may designate in writing. Provider may subcontract routine search tasks but shall remain responsible for performance. Neither party shall be liable for delays caused by events beyond its reasonable control.

Additional Terms or Special Instructions

Client:

By:

Date:

Search Provider:

By:

Date:

What the Trademark Search Form Is and when it’s used

A Trademark Search Form collects details needed to perform a clearance search for a proposed mark and to document findings. Typical entries identify the mark (word, logo, or design), goods or services, filing party, jurisdictions to check (federal, state, and common-law/online sources), search scope and date range. The completed form creates a record of the request and the search parameters used by counsel or a search vendor, helps determine risk of confusion, and supports filing strategy for USPTO or state trademark applications.

Why a formal Trademark Search Form matters

A structured form clarifies search scope, preserves evidence of due diligence, and reduces the risk of selecting an infringing mark; it also documents facts needed for prosecution or defensibility in disputes.

Who typically completes and reviews this form

Teams that request or review trademark clearance rely on a consistent intake form to capture necessary data before a search or filing.

In-house legal teams and IP counsel who assess clearance and filing strategy.
Marketing and product managers initiating new brand names or logos before launch.
Business owners and startup founders preparing materials for counsel or investor diligence.

A clear intake reduces rework and speeds counsel review, whether handled in-house or by outside counsel.

Representative professionals who complete the form

IP Attorney

An IP attorney uses the form to confirm the precise goods/services and desired filing classes, to set search parameters, and to create a documented clearance opinion. The attorney records search dates and databases checked to support risk assessments.

Startup Founder

A founder or product manager completes the intake fields describing the mark, its use, and markets. Clear, consistent answers reduce billable hours during counsel review and speed decisions about moving to filing.

Essential elements included in a professional Trademark Search Form

A robust form balances enough detail for a meaningful search with clarity for counsel. Include descriptive fields for the mark, goods/services, and a precise scope that searchers can execute and document.

Mark Details

Exact rendition of the mark (typed text and uploaded artwork). Include alternative stylings and color claims so searchers check design and word mark variants.

Goods & Services

Clear, class-aligned descriptions of goods or services using plain language. Precision here affects class selection and search relevance for USPTO and common-law uses.

Search Scope

State databases, USPTO TESS, domain names, marketplaces, and broad internet sources. Specify phonetic, transliteration, and design-similarity checks when needed.

Search Dates

Date range and cutoff for records to include. Record the search date to anchor the clearance opinion and future watch services.

Searcher Qualifications

Indicate whether an attorney performs the search or a third-party vendor; document methodology and databases accessed for defensibility.

Summary & Risk

Space for a concise findings summary, preliminary risk level, and recommended next steps (refile, modify mark, or proceed to application).

Step-by-step: completing and using the Trademark Search Form

Follow a consistent sequence: collect intake details, confirm scope, run searches, document findings, and act on results with counsel input.

01

Collect Details: Complete all fillable fields and attach artwork.
02

Confirm Scope: Select jurisdictions, classes, and search types.
03

Run Searches: Use USPTO, state, and internet sources per the scope.
04

Document Results: Summarize findings and record the search date.

Recommended digital workflow settings for search intake

Configure an intake workflow that enforces required fields, routes to counsel, and stores search outputs alongside the completed form.

Field	Configuration
Required Fields	Mark, owner name, jurisdiction, goods/services
Routing	Auto-route to IP counsel after submission
Attachments	Allow PDF, PNG, DOCX uploads
Retention	Store search report with form for audit trail

Where to send search requests and who performs them

Decide whether searches are run internally, by outside counsel, or through a specialized vendor; route requests accordingly.

USPTO TESS: Federal word and design mark searches
State SoS: State trademark registrations and filings
Online Sources: Domains, marketplaces, and social media checks
Outside Counsel: Legal clearance opinion and filing advice

Digital sharing, formats, and integrations to support searches

Choose platforms that accept common file types, support secure sharing, and integrate with legal or document systems.

File Formats: PDF, DOCX, PNG supported
Integrations: Salesforce, NetSuite, Google Workspace, Box
eSign & Audit: Audit trail, signer authentication available

Timing: when to search and important filing windows

Conduct a comprehensive search before filing; document the search date and allow time for counsel review prior to submission.

Pre-filing Search:

Complete searches before filing any application to reduce risk.

Search Date:

Record the search date; it anchors the clearance opinion.

Filing Window:

File after counsel confirms acceptable risk and strategy.

Office Action Response:

Observe USPTO response deadlines if an objection is issued.

Watch Service:

Schedule ongoing monitoring after filing to detect later conflicts.

Common mistakes to avoid when preparing a trademark search request

Narrow searches that only check exact spelling and miss phonetically similar marks or design variants; this undercounts risk.
Omitting state and marketplace checks and relying solely on USPTO records, which overlooks common-law users.
Submitting incomplete goods/services descriptions that lead to improper class selection and irrelevant search results.
Failing to record the search date and methods, weakening the defensibility of a subsequent clearance opinion.

Business risks of an inadequate trademark search

Infringement Risk: Selecting a mark that conflicts with an existing user

Wasted Fees: Lost USPTO filing and attorney fees

Enforcement Costs: Litigation or cease-and-desist defense expenses

Rebranding: Costly name changes and market repositioning

Delayed Launch: Business delays while resolving conflicts

Reputational Risk: Customer confusion and brand harm

Typical eSignature pricing and limits — vendor comparison

Compare per-user pricing and feature limits relevant to signing and approvals for intake forms. signNow is listed first per platform ordering conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Per plan	Per plan	Per plan

Frequently asked questions about the Trademark Search Form

Common user questions and practical answers about scope, signatures, authentication, and storage for the Trademark Search Form.

Need help? Contact support

What scope should I select?
Choose federal USPTO search, all relevant state registries, domain and marketplace checks, and common-law internet searches. Broader scope increases effort but reduces clearance risk.
Can this form be signed electronically?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure intent, consent, attribution, and retention are documented.
Do search results replace counsel review?
No. A search report is an investigatory tool; an attorney should review findings to give a clearance opinion and advise on filing strategy and risk.
Is notarization required?
Not typically for a search intake. Notarization may be needed for assignments or other legal instruments; check state rules or counsel guidance before notarizing.
How do I handle private or PHI data?
Avoid collecting PHI on the intake. If health data is required, use HIPAA-compliant tools and a signed BAA with the vendor before transmitting such information.
How long should I retain the form?
Retain the search form and report for several years after filing or project end; follow IRS, HIPAA, and your internal records policy for specific retention periods.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now