A professional trademark search done right
On the topic of trademark search, clients often tell me: “I already checked and there is no other company using my trademark, so I don’t need a comprehensive trademark search.”
Just because you have checked the registry or a search engine like google and you have not found anything, it does not mean that you are not going to have problems when applying for trademark registration or even after it registers. That is why a comprehensive trademark search performed, analyzed and explained to you by an experienced trademark attorney is always the best way to go. Due diligence will give you peace of mind and it will save you time and money in the long run.
If you file your trademark application without a comprehensive trademark search and it turns out that your trademark fails to register, you will have already lost precious time and of course, the money invested in the cost of the application and/or attorney fees. You will also have to decide whether to abandon the use of your trademark or continue using it without registering.
Even if you register your trademark:
- You may be infringing the right of someone who has registered a confusingly similar trademark.
- You may be infringing the right of another who has not registered the trademark but has the right to continue using it.
- In some cases, you will have to abandon the use of the trademark and here you will have lost the connection that your customers have made with the product or service.
The trademark of your products and services is fundamental to the success of your business. A successful business has a solid trademark foundation and a comprehensive trademark search is the first step toward achieving that. Now, ask yourself, are you sure you want to rely your on a trademark search performed buy you? Let an intellectual property attorney assist you.