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Strategy Session - Trademark Availability Searches
Before you invest money developing your brand, you want to be a certain as possible that there aren’t any barriers to your use of your trademark. In the United States, unlike many other countries, trademark rights are gained through use. The first to use a mark may be able to prevent others from coming along later and using the same or similar mark for related products or services. As a result, it’s unfortunately not uncommon for a startup to launch its new brand, only to find out afterward that someone else beat them to it. The last thing your company wants is a cease and desist letter demanding that it stop using its trademark. The expense of fighting trademark infringement claims, or of rebranding, is more than the typical startup wants to bear.
Trademark availability search
To minimize the risks involved in selecting a trademark, it is advisable to perform a series of searches using the following strategy:
- Come up with a list of candidate marks, the more – and the more unique – the better.
- Perform a “knockout” search for each mark using search engines and the U.S. Patent & Trademark Office’s search system. You can save on expenses by performing these searches yourself, if you prefer. Look for marks that are being used for products or services similar to those you’ll be offering. This will likely eliminate a number of candidates.
- Have your favorite law firm (hello!) perform a comprehensive search for the best of the remaining marks. This more detailed search will look at a wider range of variations of the target trademark in a deeper range of industries and uses.
When these searches are complete, you’ll have winnowed your initial list down to one or two trademarks, and allow you to make your final selection with confidence. While this process can’t eliminate all risk, it will give you a good sense of what you might face as you move forward using, and seeking to register, your trademark.
If you have any questions about trademark selection and search strategy, don’t hesitate to get in touch with us. The initial consultation is always free.