Should I Conduct A Trademark Search Before Using My Trademark?

Should I Conduct A Trademark Search Before Using My Trademark?

Although a trademark search is one among the earliest and most elementary issues in victimisation and registering a trademark, it’s conjointly one of the foremost usually overlooked. the thrill of developing a brand new product or service and arising with a name, emblem and/or tagline, combined with the additional time and legwork needed in conducting a trademark search, leads some individuals to only forgo it altogether. however you ought to continually conduct knowledgeable trademark search before each using the mark and filing a registration for it. Here are some reasons why.

Reason to Conduct a Trademark Search #1: You avoid unwittingly infringing on Associate in Nursing other mark.

If you start employing a name or emblem while not conducting a comprehensive trademark search (meaning a federal, state and customary law trademark search), you run the chance of infringing on somebody else’s mark. mental object of an existing mark isn’t defense to a trademark infringement claim, and, if the opposite party will prove that your mark caused a loss of business for them, you’ll be needed to pay damages. The damages in an exceedingly trademark infringement case are often as severe as expulsion of profits and payment of the opposite party’s attorney’s fees.

Reason to Conduct a Trademark Search #2: You defend yourself from lost money, resources, and time.

no matter whether or not a trademark is registered or not, if another party can prove that you’re infringing on them, you’ll be needed to stop victimisation the mark. If you’re commercialism a product, this could end in an enormous loss with inventory which will got to be repackaged, or may not be used at all. If you supply a service, you lose valuable stigmatization and marketing efforts. Either way, essentially, you’ll be ranging from situation along with your business if you don’t conduct a pursuit to confirm that your name and distinctive marks are yours and yours alone.

Reason to Conduct a Trademark Search #3: You provide yourself a higher robustan improved probability of success in an exceedingly registration.

The things higher than will apply merely to use of a trademark – before you even begin the trademark application process. For a trademark registration, it’s even more essential to conduct a search beforehand. You’re investment even longer and cash into a call supposed to shield your business – and a replica or similar trademark is {one ofone amongone in an exceedinglyllone amongst one in every of} the fastest ways that to finish up with a rejected application. a pursuit conducted by a USPTO examining lawyer is one of the key elements of the applying method, and if they realize a duplicate or bewilderingly similar trademark, you’ll need to pay a completely new filing fee and build a brand new application to start the entire process everywhere again.

Different Things to Contemplate Once Conducting a Trademark Search:

confine mind that in a on-line trademark search, you would like to remember of each identical and “confusingly similar” marks. That “confusingly similar” check applies to each the mark itself, in addition on the class (or “class,” as outlined by the USPTO) that your merchandise or services fall below. therefore you’ll got to be searching for a couple of things: style similarities, similar wanting or sounding names, and similar color schemes in an exceedingly emblem or unreal font, to call a few. You’ll also need to search not solely within the categories under that your product fall, however in any that would be thought of related.

With the difficulty of similarity in the fold, trademark searches by the commoner are often difficult. The USPTO offers a free tool known as the Trademark Electronic Search System (TESS), that anyone will use to conduct a trademark search. after you contemplate that capitalization, punctuation, spacing, and even acoustics can acquire play, a trademark search is truly loads additional advanced than it can appear initially glance. If you decide on to conduct the search yourself, you’ll got to confirm what may well be thought of a “similar” mark, and conduct a series of terribly thorough searches – the TESS information doesn’t come “similar” results while not conducting an in depth search using mathematician search techniques.

In addition, not each mark that’s protected by trademark law is registered through the USPTO, then wouldn’t be listed through TESS. You’ll got to do your own analysis on any existing marks that fall outside of the USPTO Trademark Register.

One possibility in conducting a trademark search is to retain the services of a trademark lawyer. They’ll have access to additional powerful tools than those created in public offered by the USPTO – software system designed to require under consideration the demanding necessities for distinctive marks. A trademark attorney can facilitate avoid a number of the issues mentioned above, that you’ll run into notwithstanding you conduct a trademark search on your own however lack the experience or tools to try and do it properly. that have is additionally a major providing from a trademark lawyer, as they understand the ins and outs of what USPTO examining attorneys hunt for – and therefore the ways that to higher position yourself to realize a thriving trademark registration.

Finally, if you decide on to retain a trademark attorney to help along with your entire filing, you’ll not solely receive a additional powerful and thorough trademark search, however conjointly the information that you’re following best practices altogether aspects of your application. after you contemplate the potential drawbacks of not conducting a trademark search or doing all you’ll be able to to file your application successfully, those edges gift themselves clearly.

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