Methodology
How the report is built.
Public records, a defined method, and clear limits. Here is all three.
Proper Counsel PLLC is a New York law firm. Martin S. Hui handles United States trademark clearance and USPTO registration for startup founders.
§ 01 · THE SOURCES
Where the data comes from.
The report is generated from the public United States federal trademark register, plus the company's own public website. Nothing private, nothing purchased, nothing taken from behind a login.
§ 02 · THE METHOD
The steps, in order.
- Step 01
Read the site
Read the company's public site to understand what it actually sells.
- Step 02
Infer the classes
Infer the international classes a filing would sit in.
- Step 03
Query the register
Query the federal register for the brand name and for marks close to it in spelling, sound, and appearance.
- Step 04
Score proximity
Score each result for proximity to the proposed mark.
- Step 05
Assemble the report
Assemble the conflicts and the crowding index into the finished report.
§ 03 · SIMILARITY
How similarity is estimated.
It is an algorithmic estimate of string, phonetic, and visual proximity between two marks. It is a sorting tool for a human, not a legal judgment.
Two marks at 90 percent may coexist happily in different classes, and two at 40 percent may collide badly in the same one.
§ 04 · LIMITS
What the report is not.
It is a preliminary search observation, not a clearance opinion, and not legal advice.
It does not cover:
- Common law use by companies that never registered.
- State trademark registrations.
- International filings.
- Design marks and logos.
A full clearance analysis covers those and is a separate engagement. Receiving a report does not create an attorney-client relationship.
§ 05 · USES
What it is good for.
It answers, quickly and cheaply, whether a name is worth a closer look, and it surfaces the specific marks that would matter if you proceeded.
That is genuinely useful and it is deliberately not the whole picture.
On rights: United States trademark rights come from use. A federal filing sets a nationwide priority date.
Filing, if you get there
The Trademark Launch Kit is a $995 flat attorney fee, covering knockout and full clearance search, attorney review and strategy call, and USPTO filing for one mark in up to three classes.
USPTO government fees are separate and billed at cost: $350 per class, per mark.