Trademark Search
When you first started your business, you probably sank a lot of time (and maybe even money) into naming your business. Maybe some late-night brainstorming sessions led to its creation. Perhaps you even brought in a consulting team to give your business name the edge it needs to compete in your industry. Whatever the process involved, you probably visited the United States Patent and Trademark Office (USPTO) website to search trademark databases. By performing a trademark search, you could confirm that there are no other businesses operating under the same name. However, there is at least one problem with this line of thought.
To navigate through the trademark registration process successfully, it's imperative to conduct a comprehensive search beyond just the federal trademark database. This ensures your company or product name is uniquely yours and avoids conflicts with competitors.
Why a Federal Trademark Search Isn't Enough
Not all business names are registered federal trademarks. You might think that since you do have (or will have) a registered trademark you have the upper hand. While it is true that the USPTO does extend considerably more protection to businesses with federally registered trademarks than to those without, there are always loopholes. Take this "loophole" for example.
You performed a trademark search in TESS for federally registered trademarks. There were no registered trademarks that could possibly accuse your desired trademark of infringement. You register the trademark and begin using it to sell your goods and/or services. Six months later your business is booming.
Out of nowhere, a trademark protected under common law, which bears a striking resemblance to the trademark you registered through the USPTO, threatens to sue you for infringement. The cost of going to court would be expensive, and you might even lose. At the same time, the opportunity cost of giving up your successful federally registered trademark is also unthinkable. What do you do?
This is where the expertise of a seasoned trademark attorney becomes invaluable. Comprehensive trademark search services cover all bases, including the federal trademark database, state registries, common law sources, and even internet usage, to safeguard your rights and success.
As you can see, there are certain scenarios that a federal trademark search alone can't prevent. That is why I perform thorough searches of all trademark databases (federal, state, common law, and internet) before proceeding with your application. That way, your risk of experiencing the above scenario – or any infringement scenario – is dramatically lessened.
Beyond the Trademark Search
My services don't stop after performing a comprehensive trademark search. I will provide a full report of my findings, including any possible problems you might face when applying for a trademark and advice for dealing with those problems.
Next, the application process begins. Using the online trademark application system, I guide you through each step of the trademark filing process, ensuring that your application accurately reflects the trademark class relevant to your product or company. The final application is then filed electronically with the USPTO, using the TEAS Plus form. All status updates and developments are reported back to you. During this period, you are entitled to unlimited telephone consultations.
Protecting Your Trademark
Once your application has been reviewed and approved by the USPTO, your trademark is fully protected by the courts of law. However, I offer additional preemptive trademark protection. As your trademark attorney, I constantly monitor new filings in the trademark engine, protecting against potential competitors and ensuring your legal services are up-to-date. If any trademarks that bear a resemblance to yours appear in the USPTO database, you'll be the first to know. Additionally, I remind you when it is time to renew and maintain your trademark registration.
My commitment extends to providing you with ongoing legal protection and advice, including copyright issues and how best to use your trademark in advertising to maximize your brand's visibility and success. With extensive experience in trademark law, I am here to serve as your dedicated partner in navigating the complexities of government processes and trademark service requirements.