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 brainstorm 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.

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?

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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. I will prepare the application for your trademark, using the information you provide in your online application. 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. 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.

Why not start the search and application process today? Fill out the application, or send me a message to get the process started.

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for a Free Attorney Consultation