The last consideration, ensuring that third parties will not object to the trademark, is also critical. An up and coming musical group that has performed for a period of time under a particular name and, in expanding, finds itself threatened with a trademark infringement suit by a senior trademark owner will face extensive marketing and legal costs which could have been easily avoided. Before adopting a trademark, appropriate searches are necessary to determine whether the mark is available or whether someone else has a mark that is too close to the proposed mark and could cause confusion. An attorney representing a music client could be guilty of malpractice for not recommending a trademark availability search, and conducting it properly, to a client considering the adoption of a trademark or trade name. Conversely, clients who ignore their attorney's advice to conduct appropriate searches do so at their own peril, since such conduct can be evidence of bad faith in infringement proceedings. Although there may be many ways to reduce legal expenses, cutting corners when searching a trademark is an area in which the adage "penny wise and pound foolish" fully applies.

Searches are designed to review lists of trademark references for trademarks that may be considered identical or similar to the trademark being searched, and which may be registered or in use for goods or services that are identical, similar, or in some way related to the relevant goods and services.

Numerous types of trademark availability searches may be performed. In the United States, the most important search, and usually the first search undertaken, is a search of the United States Federal Trademark Register. The search may reveal numerous references that, if sufficiently troubling, necessitate further investigation to determine whether and how certain third parties are using their marks.

A proper search requires the correct search parameters, which will be determined largely on a case by case basis. Relevant considerations will depend on the proposed use of the mark, the possible ancillary uses and related uses of the proposed mark, the elements of the mark at issue, etc.

Crafting proper search parameters is only the first step in searching. Once obtained, search results must be interpreted and should be reviewed by experienced legal counsel, since it is possible for the inexperienced practitioner and for the layperson to overlook many subtle features of search results. Not only must the reviewer analyze and compare marks with one another, which is very subjective based on experience in dealing with trademark issues, but the goods and services under each of the references that are revealed must be considered. A similar mark that is registered in respect of seemingly dissimilar goods may not be considered relevant to the uninitiated, but may be germane in the eyes of the trademark practitioner. This is even more important in foreign countries, where tests for confusion differ widely and search results may be interpreted far differently than in the United States.

If the Federal Register search results indicate that the mark is available, then it is prudent to search the individual state trademark registers and company name registries in the same manner. A so-called "common law" search should be conducted of trade directories, publications, etc. in order to discover those parties who may be using, but have not yet registered, a similar name or trademark. A common law search may also include a search of the Internet using a commercially available search engine. A search for conflicting Internet domain name registrations should also be conducted.

Since the music industry is a crowded trademark field, it may be necessary to search several potential marks before an available name or trademark is found. Provided that all of these searches do not turn up any conflicting references, or provided that the conflicting references, upon investigation, are determined not to conflict, the proposed mark should be available for adoption, at least in the United States.

If the activities of the trademark owner will extend beyond the borders of the United States into, for example, Canada, Mexico, Europe, etc., searches of the national trademark registers in the appropriate countries are also recommendable. Although search results in the United States are generally reliable, the reliability of foreign trademark register searches varies considerably. Jurisdictions in which to search will ultimately be determined according to the trademark owner's budget but should potentially include three categories of countries:

Even if a party has commenced use of their mark, such as if a band has started performing under their name, a search is recommended to ensure that as that party's activities grow they are not confronted by a third party with senior rights who may object to, or even enjoin, their use of the trademark.