Mistakes Trademark Owners Make: Failure to Research the Trademark

Why Does Research Matter?

One of the most common misperceptions regarding Trademarks is that anyone can obtain any Trademark name, logo, or phrase. This may seem to be the case especially as State Trademark Filing is usually a simple process that may not involve an extensive tradename and category search like the Federal registration process.

  • Filing for a Federal Trademark is always recommended as businesses often grow quickly, and the modern-day reality of selling products online, and shipping across state lines is likely the goal for your growing business, in the future if not immediately.
  • As US trade relations increase in the coming years, it will be crucial that you do not delay owning the claim to your business name.

Researching your potential Trademark prior to using it is a valuable financial investment, and can save yourself significant headaches later should a name or logo change be required.

Protect Yourself from Infringing on Others

One of the key reasons to do your research thoroughly before claiming and using a trademark name, is to protect yourself from infringing on others’ prior ownership of a name or logo. The US legal system gives priority of rights to Trademark Owners who have filed for registration of their Trademarks with the USPTO, but also provides some common-law legal protections, in some cases, to name owners who can prove long-term use of a name in association with the products they sell. It is better to know, before you use a name, if it is already being used and whether any exceptions to use might be available.

Hiring an Attorney v. Using Discount Legal Services

Why hire an attorney when there are discount legal services available? This is a legitimate question, and a common inquiry for new business owners who are launching their companies while often being budget-conscious during the start-up phase. New business owners should be mindful that the discount services often fail to provide key pieces of the trademark registration process that help ensure your Tradename or logo has a stronger chance of being approved by the USPTO. Discount services often do not provide an thorough search and analysis of your trademark in comparison to existing trademarks to verify that your mark has fair chance at approval. When hiring a lawyer to file your Trademark Registration, you should be receiving the option for a professional search of your tradename, an assessment of whether your tradename is a strong name, or is likely to be challenged by the USPTO, and the expertise of an experienced and knowledgeable lawyer who can guide you through the Trademark Search and Registration process.

Contact Behrends Legal today with your Trademark Registration Questions! info@behrendslegal.com

*This article is not intended to be construed as legal advice, and does not constitute the creation of an attorney-client relationship. Prior to making any significant decisions related to its content, you should seek the counsel of a licensed lawyer.

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