The importance of a comprehensive registered trademark search


Posted June 13, 2013 by davidbanks00

You've just come up with a snappy product name and you've decided you want to trademark it. What should you do next?

 
You've just come up with a snappy product name and you've decided you want to trademark it. What should you do next? Is it really as easy as the website at the US Patent and Trademark Office says it is? Can you really register a trademark without a trademark lawyer? Anyone that embarks on such a journey needs a helping hand.

The first thing to do, after you’ve come up with a name for your product or service, is to perform a thorough registered trademark search to see whether or not the name you want is already being used for the type of product or service you wish to use it for. There are many ways in which you can do an accurate registered trademark search. First, you can start by doing a web search for the name, searching it through the US Patent and trademark Office website to see if it’s been registered or applied for, or by contracting a professional company. They will also check through telephone listings, company names, plus they have more resources available than the previous options.

If, after completing the registered trademark search, you find out that the name is already being used, you will need to consult a trademark attorney to find out whether or not your use is different enough from the one already in use, to justify spending your money on trying to promote a name that is going to have to change later on.

Let's say you can't find any other uses of the name you want to register a trademark for out there. Does this mean you are good to go? Well, not quite. If the name you have chosen is merely descriptive of the product, such as "Blue Rubber Ball" for a rubber ball toy, or "Meaty Cat Food" for cat food made of meat, it is not necessarily a name that the US Patent and Trademark Office will accept as a trademark.

If the name you wish to use is not already being used, and is not descriptive, there are a few choices you can make. You can start using the name, spending the necessary money to promote it, print it on labels etc., relying on your “common law” trademark rights, or, you could go after a state trademark, or you could even proceed to register a trademark nationally.

The decision to register a trademark nationally would definitely result in making your life easier. And you don’t have to stop here, you can always dream big, so keep in mind that you can also register a trademark internationally once your company grows to the extent that you are trading overseas.

If you decide to go for a national trademark, and wish to try to apply on your own, you can go to the US Patent and Trademark Office website and go through the entire application online. There is the risk that your name is "published for opposition" and someone who you didn't find in previous registered trademark search turns up to "oppose" your registration. These are cases where you will most likely need the services of a qualified trademark attorney to assist you.

If you’re looking to hire professional to help you register a trademark http://www.trademarkdirect.com you’ve come to the right place. If you don’t really know what you’ll need to perform a thorough registered trademark search http://www.trademarkdirect.com don’t worry; they will take care of everything for you.
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Issued By david banks
Country United Kingdom
Categories Advertising
Last Updated June 13, 2013