Trademark: What’s the difference between a Knockout Search and a Clearance Search?

When naming a business, product, or service, start with a knockout search—a quick, early check to rule out obvious conflicts and overused patterns while shaping creative direction. Once you’ve narrowed to top contenders, move to a comprehensive search led by an IP attorney. This deeper, time-intensive review uncovers hidden risks that quick checks miss and ensures your chosen name can be legally protected before launch.

Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney.

Chapters

• 0:08 Welcome & Episode Overview
• 0:30 Knockout Search Explained
• 1:20 Creative Insights from Knockout Searches
• 1:50 Introduction to Clearance Searches
• 2:26 Why AI Falls Short
• 3:05 Comprehensive Search & Final Takeaways

Transcript

Ashley Elliott (00:08):

Well, hello and welcome back to Naming in the AI Age. I'm Ashley, and today we're going to talk about two different kinds of trademark searches you'll hear about when you're naming a business product or service, the knockout search and the clearance or comprehensive search

(00:24):

Disclaimer. We're not trademark attorneys and nothing in this episode should be taken as legal advice.

(00:30):

What we're sharing here is simply practical information that we found helpful during our naming projects when working with our clients. So let's start with the knockout search. This is the one most creative agencies naming studios, and even brand strategists do during the naming process. Why? Well, it's fast and it's practical.

(00:50):

When you're brainstormings 50 or a hundred potential names, you don't have the luxury of spending weeks deep diving on the legal analysis of each name.

(00:58):

You just need to eliminate the obvious conflicts quickly. When most people hear the phrase knockout search, they assume it's a quick check at the USPTO database. Type in your name, see if there's an exact match, and then you're done. Sometimes conflicts are really obvious it's an exact match directly in your space. Other times the names aren't identical, but might still feel close enough to create confusion.

(01:20):

Knockout searches aren't just about eliminating names, they're also about gaining creative insight.

(01:27):

So we use this process to identify patterns in the marketplace, to see where there may be tonal gaps and to refine our creative direction. If a root word we see feels overused, we steer away from it. If we see an industry flooded with edgy modern names, we may look to carve out space with something more classic.

(01:44):

So in that way, the knockout search actually fuels the creative process.

(01:50):

At the end of the day, think of the knockout search as a part of the creative process. It's how we refine the name pool, eliminate the non-starters, and give you the best chance of landing on a name that's not only compelling, but has a fighting shot at being protected. Now, once you've narrowed it down to a short list, that's when the clearance search comes in. Sometimes called a comprehensive screening or comprehensive search. And here's the big difference. While knockout searches are often done by agencies, clearance or comprehensive searches are usually done by IP attorneys. They're comprehensive. They take time, they go way beyond what most agencies do.

(02:26):

Some even think you can just use AI to handle this part for them. The problem is that AI doesn't understand the nuances of trademark law.

(02:34):

It often spits out names that sound creative, but are already taken in the ecosphere or legally risky. As Josh Gerin, founder of gurman IP stated recently, our attorneys spend two to three times more on a matter to dispel all of the incorrect information that chat GPT has put in front of a client. That's exactly why relying on AI to generate names or to do trademark screening isn't helpful.

(02:57):

It can make the overall process more expensive and more confusing because AI doesn't really understand what matters the most legally.

(03:05):

A comprehensive search takes expertise, time, and the right tools. If you're about to invest in launching a brand printing packaging, running ads, filing trademarks, that's the moment you need a comprehensive search because the cost of rebranding later or fighting an infringement claim is so much higher. In short, knockout search and comprehensive searches, they both have their place, but in very different parts of the naming journey.

(03:30):

In the early naming stages, a knockout search is the right tool.

(03:35):

It helps agencies and founders eliminate names that are clearly off limits while keeping that creativity flowing. Once you've narrowed down to the serious contenders, the final four, if you will, the names you'd be willing to stake your business on,

(03:48):

That's when we always recommend you bring in an attorney for a full clearance and comprehensive search.

(03:54):

Thanks for tuning in and we hope that this was helpful in showing you what to watch out for so you don't end up wasting time, wasting money, or even worse, falling in love with a name that you can't use. Thanks, guys.