What is a Trademark Search and why you may want one before filing a Trademark Application
What is a Trademark Search? Imagine having the perfect idea for a trademark and feeling eager to protect your brand. Many entrepreneurs rush to apply for a trademark with the United States Patent and Trademark Office (USPTO). But before you do that, an essential step can save you time, money, and legal headaches – conducting a Trademark Search, also known as a Trademark Clearance Search with a Trademark Attorney.
A Trademark Clearance Search helps identify any legal barriers that could block the use or registration of your proposed trademark. While some think they can do this on their own using the USPTO database, it’s essential to know that those results can be confusing and may not fully inform you of potential risks. This is where a Trademark Attorney’s expertise becomes invaluable.
How is a Trademark Search done by an Attorney different?
Unlike a basic USPTO database search, a Trademark Attorney’s Clearance Search goes deeper. It assesses if your proposed trademark is identical or confusingly similar to existing, pending, or unregistered marks. This thorough analysis helps spot potential conflicts and problems that may arise if you proceed with your intended trademark.
A key advantage of involving a Trademark Attorney is their ability to assess if a proposed trademark is being used similarly or as an unregistered mark. This helps gauge the risk level associated with your intended trademark use. With this information, your Trademark Attorney can guide you on how best to protect your brand.
If the search reveals that someone else is already using an identical or similar trademark, your Trademark Attorney will caution you about potential trademark infringement claims and lawsuits. Understanding these risks allows you to make informed decisions about your branding strategy.
What are the consequences of not doing a Clearance Search?
Choosing not to use a Trademark Attorney and attempting to register your trademark without a proper Clearance Search can lead to significant risks. You may waste your funds on application fees for an application bound to be rejected, or you could unknowingly infringe on someone else’s trademark, leading to legal consequences and rebranding.
If you’re uncertain about whether certain elements of your brand are trademark-worthy, seeking professional advice is highly recommended. The experienced attorneys at Hartsfield & Egbert, PLLC, are here to assist you with any trademark-related queries. Their expertise ensures your brand is on solid legal ground.
In conclusion, a Trademark Search is a crucial step in the trademark journey. Engaging a Trademark Attorney allows you to identify potential conflicts, assess your risk level, and make informed decisions to protect your brand. Reach out to the attorneys at Hartsfield & Egbert, PLLC, to schedule a consultation and safeguard your valuable trademark.
Visit our website or give us a call at (405) 285-6858 to get started on securing your brand.