Trademark law is primarily federal in nature and is governed by the Trademark Act of 1946 and its various amendments, also known as the “Lanham Act.”takes into account several criteria in determining whether a trademark is available for use and registration.  In conducting a search to determine the availability for use and registration of a particular mark, your attorney should conduct a full search of the United States Patent and Trademark Office records, state trademark office records, and common law listings (unregistered uses of similar trademarks that nonetheless are afforded protection under law).