Conduct trademark search is one of the most important and overlooked aspects of the trademark registration process. The purpose of a trademark search is to check if the brand you selected is available for use and registration.
Without a proper search, another company may prevent you from using the mark you selected if such use will create trademark confusion in the marketplace.
Let’s suppose you come up with a great name for your new product, gluten-free noodles that you will sell online, and your Google search results didn’t find any exact matches. You check Facebook and Twitter and your name is available there.
As a next step, you make plans to move forward with the selected name and your new product line. You buy a domain name and order a logo. You hire a developer who creates a cool website. You go ahead and order ingredients, packaging, equipment, advertising materials and start the production phase. To boost sales and make your brand more visible online, you invest in SEO.
You are all set, right? No! You haven’t done a proper trademark search to check if the use of the name you selected conflicts with a mark already used or registered by others.
Then one day, out of the blue, you receive a cease and desist letter demanding that you stop using the name that apparently another company is already using and has registered with the Trademarks Office. The letter you receive states that your continued use of THEIR name constitutes trademark infringement and unfair competition.
This company demands that you immediately stop using the name in which you have already invested a ton of money, time, energy and resources. But how can you stop using it now? A website alone cost you a couple of thousands of dollars. I am not talking about all the noodles that have already been produced and waiting its turn to be sold. The letter threatens with legal action if you don’t comply within 10 days of receipt. In addition, you can be liable for attorney’s fees and damages for using someone else’s trademark.
You have a tough decision to make: ignore and potentially face a legal action or re-brand!
So, instead of this major mega-headache and inevitable re-branding, wouldn’t it have been better to conduct trademark search, right from the beginning?
A professionally done trademark search will
- Prevent you from spending resources and money on a mark that may not be available
- Provide you with time and flexibility to modify your mark before you launch your product or service
- Help you avoid the costly business disruption associated with a forced rebranding if you adopt a name that’s not available
- Help you avoid the costs of litigating a dispute
- Help you sleep soundly at night knowing the name you selected is yours
- Provide you with insight on how to deal with a mark that may potentially be problematic
Most trademark agencies and law firms will charge you for a trademark search. Not Trademark Angel. We will do it absolutely free and there is no obligation to buy.
Get your trademark search without a fuss,
With no obligation, free – on us!
Leave A Comment