Freedom to Operate Searches

Freedom-to-Operate (FTO) searches—also referred to as clearance searches—are an essential first step in the trademark selection and registration process. These searches are conducted to evaluate whether a proposed trademark can be legally used and/or registered in a particular jurisdiction without infringing upon the prior rights of existing trademark holders. 

An FTO search involves a thorough review of trademark databases, focusing on marks that are identical or confusingly similar in terms of name, logo, or overall commercial impression. The goal is to identify any potential legal obstacles that could result in opposition proceedings, infringement claims, or costly rebranding efforts down the line. 

By conducting an FTO search early on, businesses can reduce legal risk, make informed branding decisions, and ensure that their trademark strategy aligns with both commercial and legal realities in the target market.