Once you have tentatively chosen a mark, the next step is to assess the availability of that mark. More in-depth searches are performed by professional search companies and analyzed by counsel. Searches can give you a good idea of the possible obstacles in using and registering a mark. Although searches are not required prior to seeking registration of a mark, they often provide information that is useful in deciding the best way to define goods or services to minimize the risk of an objection. Moreover, if searches are performed prior to initiating use of a mark, one can avoid costly investments in a mark that later must be changed because of unanticipated trademark conflicts.
International searches are available and often advisable.
This is especially true for multinational companies and for those that manufacture commonly pirated goods, such as software and clothing. A notorious example of this was the individual in Spain who purchased an old registration for the NIKE mark for socks, then obtained a court order blocking the famous NIKE mark from being used on athletes' uniforms at the 1992 Olympic Games in Spain. Many major manufacturers have been forced to purchase their own name from such trademark pirates. In the United States, we have a dual legal system that gives an owner trademark rights simply by using the mark, without any registration requirement. Consequently, if you meet the interstate commerce requirement and want to be able to expand and protect use of your mark nationwide, federal registration is essential.