Why Conducting a USPTO Search is a Smart Business Decision
Frequently, business owners and entrepreneurs develop an interest in trademarks. A trademark provides an enormous amount of protection! The more valuable your products or services, the greater the reason to register a trademark. Over time, the value of your brand will likely become synonymous with your trademark. For these reasons, registering a trademark earlier rather than later makes a whole lot of sense!
So, what’s the first step? What’s the first thing you’ll want to do? Conduct a search of trademarks that are already registered with the United States Patent and Trademark Office (USPTO). A USPTO trademark search is essential! By doing a USPTO search, you’ll be able to find any existing marks that could get in the way of protecting your own trademark. The purpose of a trademark is to identify the goods and services that your business offers as unique. If an existing mark is similar to yours and within the same industry, you may not be able to get trademark protection.
Is My Trademark Unique Enough? | Search Like An Examining Attorney Would
When you submit an application to register a trademark with the USPTO, your application will be scrutinized by a trademark examining attorney. When searching existing marks, try to imagine you’re the examiner. Ask yourself the following question, from the perspective of the average consumer. “Is my trademark unique enough?” There are an enormous amount of registered trademarks in every class of goods or services. Based on what you’re selling to the public, you need to determine if your name, brand, or logo can reasonably stand out from other existing marks in your particular industry.
As you conduct your USPTO trademark search, you may find that someone else is using the same logo, name, or brand as you. This happens all the time! What if your trademark is very similar to or the same as one already registered and in the same industry? You may have to come up with another idea. However, if you find an existing mark similar or identical to yours and it pertains to goods or services completely separate from your offerings, you may be able to register that trademark.
What if your mark is distinct and unique, but similar to an existing famous trademark? Regardless of the industry, you may also face some issues with registration.
Likelihood of Consumer Confusion & Rejection by the USPTO
The USPTO can reject your trademark application if consumers are likely to get confused. What would they be confused about? The source (brand or business) of the goods or services associated with the mark. This is referred to as “Likelihood of Confusion.” Ideally, consumers see your trademark – brand, name, logo – and know that your business sold the product or offered the service. If a potential customer would see your trademark and likely be confused about the business offering a certain type of good or service, your application can be rejected.
The principal benefit of achieving trademark registration is that you have exclusive rights to use the mark. You have the power to stop others from using your mark for goods or services in the same category.
For brand names, you shouldn’t only search for registered marks that are literally the same as yours. Similarities between name marks extend beyond just the spelling. If there’s a phonetic similarity – that is, related to the sound of the name – that can also lead to complications. Look into all the various possible spelling variations of your mark and consider the way it sounds. And, even if you were to achieve trademark registration from the USPTO? Later on another trademark holder could sue you for infringement. How’s that? Well, based on the similarity of the phonetic component of the name. Many businesses, especially newer ones, don’t factor litigation costs into their expenses. Not investing in an all-encompassing USPTO trademark search can lead to litigation, which could result in bankruptcy.
A Comprehensive USPTO Trademark Search Yields Real Results
By virtue of going forth with a USPTO search, you will undeniably improve your ability to successfully register your trademark. Start with searching the USPTO database on the Trademark Search system (formerly the Trademark Electronic Search System or TESS). The USPTO database will show all current and pending federally registered trademarks. A meticulous and careful combing of this database is perhaps the most important step when conducting your USPTO trademark search!
Alongside this, you should also consider businesses in the marketplace without trademark protection that have similar logos, brands, or names for goods or services like yours. Trademark rights in the US are also acquired by way of use in commerce or unregistered use. It’s a good idea to search the internet, industry publications, and registers of business and domain names. Even if you have USPTO trademark registration, that doesn’t entirely protect your business from claims of infringement. The USPTO only searches and bases their decision of approval on federally registered marks. Due diligence on the unregistered front should also be taken seriously!
Search the USPTO Database Early On!
As you may have gathered by now, federally registering a trademark is not the easiest process! To ultimately obtain trademark protection, your mark must be unique and easily identifiable by the consumer with your goods or service without causing any confusion. If you wish to use a trademark that’s already registered or associated with an existing business, you may, as long as there’s no confusion. And, you should figure out as early as possible how you intend to use the trademark you’d like to register with the USPTO. Likewise, conducting your USPTO trademark search early on will allow you the maximum amount of options as your business grows.
What you should try and avoid is building an inventory of products or widely advertising your services, for example, prior to conducting a search. Lots of folks make this mistake! The option to rebrand or change your business strategy is infinitely easier if you haven’t already invested in inventory, advertising, or even full-scale operation. You will save much-needed capital and a brutal headache! Reasonably speaking, a USPTO trademark search can greatly diminish the possibility of a legal battle ensuing over intellectual property rights because of alleged infringement down the line.
Trademark Attorneys Can Conduct USPTO Trademark Searches for You
Having an attorney conduct a trademark search on your behalf may be the most effective method of ensuring the long-term protection of your trademark and business. A trademark lawyer can search for pending and federally registered trademarks via the USPTO, as well as common law business and state or federal trademark reports, and more. While you’re not legally required to do a trademark search, not doing so puts your business at risk. Whether a business already uses their mark or if they filed an application with the intent to use their mark, their rights to that trademark are just as strong. Any business that chooses not to do a trademark search could land them in a conflict later on, which could threaten their business entirely.
Getting a trademark federally registered with the USPTO begins with a comprehensive trademark search. Once you achieve registration, your business will reap many great benefits! Your mark gets listed in the USPTO database. That way, whenever anyone else conducts a search, they can see that it’s already registered. You’ll also have legal proof showing you’re the trademark holder. This proof is key when it comes to establishing legitimate ownership evidence in the context of a federal court. With registration, you’ll be able to get trademark protection outside the US and have the option to file lawsuits in federal court, if necessary. You can also use the federal ® symbol and register with the US Customs and Border Protection.
Are you ready to register your trademark? Visit our File My Trademark page and fill out the form. Our team at Stockman & Poropat, PLLC can conduct a USPTO trademark search for you to give your business the foundation for success! Have questions about trademark searches or trademark registration? Contact us today for a free consultation!
Up next we will be discussing Improper Copyright Registration.
