To be popular, successful and longstanding, any company needs to find a way to differentiate itself from its competitors, and to create a distinct name for itself in the industry in which it operates. This is where trademarks come in and make their importance felt. Trademarks can also be called brands, and they represent a unique identifier for your business. Trademarks can contain words alone, or they can be a combination of words and images; they can be made-up words —these are among the best types of trademarks—or, they can also be real, preexisting words—if they haven’t already been trademarked, nor any version of them. This article will seek to give you more information about getting your trademark, and will emphasize the importance of doing a thorough US trademark search before starting any application process.
You might think that the first step to registering a trademark for your business would be filling in the application form for the Patent & Trademark Office, to get things rolling. Well, if you thought that, you’d be wrong. When thinking about registering a trademark, you need to first start with a US trademark search. You need to be sure, before you start the application process, that the trademark you’re pursuing hasn’t already been registered, and that it’s not sufficiently similar to another competitor’s trademark, and the best way to do this is by performing a US trademark search.
What could happen, you might think, if you pass over the US trademark search? Well, it could go one of two different ways. First, if you’re going through the application process, either on your own or with the help of a trademark registration company, and if you’ve got your heart set on a certain trademark, you could find that it’s already registered after you’ve paid your fees, and can no longer get your money back. Most reputable trademark registration companies will wait, and they will only charge you once your trademark passes all checks and once the registration process has started. On the other hand, if you choose a company blindly, and their policy is to not refund payment, your hands will be tied. Remember to always carefully check the rules and procedures of any company you’re thinking of hiring, to avoid having any unpleasant surprises.
Next, if you don’t go ahead with the trademark application and registration process, and you start using a certain trademark without doing a thorough US trademark search beforehand, you’re opening yourself up to a few significant risks. First, if the trademark you’re using is already registered, or if it is considered to be too similar to a trademark that’s in use in your industry, legal action can be taken against you, on the basis of infringing on another person’s intellectual property rights. Otherwise, if it’s not already taken, and if you don’t register your trademark, you give your competitors the opportunity to take advantage of your trademark, your brand, something that could damage your professional reputation.
If you’re having trouble deciding between several different trademarks for your business, try doing a US trademark search to see which are available, and which are already taken — this will save you a lot of time and money in the future.