8 Reasons To Conduct A Trademark Search
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Published on: 19 July 2022
Last Updated on: 10 September 2024
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If you’re thinking about starting a business, one of the first things you should do is conduct a trademark search before settling for one.
This is because a trademark is a form of intellectual property. When you violate the laws that bind the usage of trademarks, you risk facing legal issues down the line.
If you’re wondering why you need to conduct a trademark search, then this article is for you.
The article discusses the concrete reasons you need a trademark lookup for your business.
Here Are Eight Reasons To Conduct A Trademark Search:
1. Avoiding Infringement
Trademark infringement is generally defined as the unauthorized use of a trademark in a way that confuses or dilutes another’s mark.
If you don’t know whether your business name, logo, slogan, or tagline could be considered potentially confusing with an existing trademark (even if it hasn’t been registered), then you should search to find out.
If you use similar marks after searching and someone else thinks that their mark was infringed upon, then they can file a lawsuit against you for trademark infringement and win, even if there’s no actual harm done to them by your usage of their mark.
They may also ask that all profits from any sales be awarded to them as damages paid by those who infringe on their rights under federal law.
2. Discovering Possible Weaknesses In Your Proposed Mark
When you do a trademark search, you might discover that other marks look like yours or sound similar to it. This can be problematic because consumers may not be able to tell the difference between your mark and the other one.
For example, if you wanted to sell software named ‘Salient’ and someone else already has a registered mark for ‘Salient,’ your application would likely be denied.
This is why it’s essential to conduct a thorough trademark search before filing applications with the United States Patent and Trademark Office (USPTO).
In addition to discovering potential problems with your proposed mark, this research may also reveal valuable information about how others perceive your brand identity. You could end up making changes based on what other people think about what makes for good branding.
3. Discovering Possible Stronger Marks For Your Product
After conducting a comprehensive trademark search, you may discover other marks that are even better than yours. This could be the case if other companies already have similar trademarks registered or pending registration.
If your mark isn’t the strongest, you can still use it for your product or services.
However, you’ll want to take steps to avoid trademark dilution or infringement by another company that has a more substantial mark than yours.
For example, there are two competing companies—Mugs4Us and Mugs4Us LLC—selling mugs online under their respective marks ‘Mugs4U’ and ‘Mugs– 4U’.
But since one, Mugs4–U has a hyphen in it while its competitor doesn’t have one, this means that if someone searches for ‘Mugs– 4 U,’ they’ll only see its site come up first in search results.
4. Establishing The Strength Of Your Mark
Another critical aspect of a trademark search is to determine the strength of your mark. This is done by examining how distinctive it is.
A strong mark has distinctiveness, providing a unique identifier for the product or service it represents. This can take many forms, but there are two main categories—source association and conceptual distinctiveness.
A mark’s source association refers to how closely the mark relates to its product or service; if consumers automatically associate certain words with your product, this could be considered source association and strengthen your trademark.
The more distinctively descriptive a name or logo is as an identifier for goods or services (as opposed to just being arbitrary), the more valuable it may be in protecting against infringers using similar names in their branding efforts on similar products or services.
5. Facilitating A Concurrent Use Agreement With A Competitor
Concurrent use agreements are legally-binding contracts between two parties in which they agree to use the same or similar marks.
These agreements help prevent trademark infringement, consumer confusion, brand dilution, and abandonment of trademarks. If you’re interested in entering into a concurrent use agreement with an existing competitor (or potential future competitor), you should seek legal counsel first.
A concurrent use agreement doesn’t give one party exclusive rights over a trademark or service mark. Instead, it allows both parties to use the mark in certain circumstances. Facilitating a concurrent use agreement with a competitor is a valid reason to conduct a trademark check.
6. Facilitating A Coexistence Agreement With A Competitor
Coexistence agreements are an essential part of trademark law and are used to resolve disputes between two parties who want to use the same or similar marks in their business.
Coexistence agreements can be helpful when you want to launch a new product or service but would rather not spend time and money fighting with other companies over the rights to use your mark.
A coexistence agreement is a contract between two parties that allows them to use the same or similar marks without infringing on one another. It prevents confusion among consumers about which products belong to whom while also saving time and money for both parties involved in resolving these disputes.
7. Avoiding Common Law Registration Of The Same Or Similar Mark By Others
It’s also important to note that a common law trademark can negatively affect your business and profits. When someone is using the same or similar mark in commerce, it can lead to confusion for consumers.
In this case, you may be forced to change the name of your product or service if there’s already an existing one on record with more priority.
This could cost you thousands of dollars over time and negatively impact your brand’s reputation, and no company wants that.
Businesses must conduct a trademark search before they jump into business so they can avoid these pitfalls and avoid potential lawsuits later in the future. This is in a bid to avoid trademark violation.
8. Minimizing The Risk Of Trademark Litigation
Avoiding trademark litigation is one of the main reasons for conducting a trademark search. It’s the most important reason to conduct a trademark search. Trademark litigation can be extremely costly and time-consuming, damaging your company’s reputation and goodwill with consumers.
If you’ve already invested in building up your brand, why take that risk? A thorough trademark search will help you avoid confusion between your business name or logo and an existing mark to avoid getting sued later.
While you’re thinking of moving your business forward, it won’t be good to deal with litigation issues.
Conclusion
Hopefully, this article has given you a better idea of what to look for and how to prepare for the trademark search. Always be careful when searching for trademarks, as it can be costly and time-consuming.
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