Why a Trademark Clearance Search Should Be Conducted Before Registering with the USPTO
The time and frustration you’ll save by doing a trademark clearance check before attempting to register your mark cannot be overstated. You could lose money if you rush the trademark application procedure because the USPTO needs to provide refunds for rejections. Research is crucial for this reason.
The “word mark” is one of the most popular varieties of trademarks. This will be used to register names and other information. Before launching a new company, product, or service is an excellent time to conduct a trademark clearance search because it ensures that you choose a name that will catch the public’s attention. Additionally, you won’t have to worry about facing legal action for utilising a trademarked product name.
Before releasing a new logo or design, a trademark clearance check should be conducted. The factors are comparable to those previously mentioned. Putting time, effort, and money into developing a fantastic new image to learn that it would probably be “confusingly similar” to a mark that has already been registered is disappointing. Taking inspiration from existing works might help you create something that stands out from the crowd.
Fresh goods or services
Any new product or service intended for the public requires a lot of preparation. All that work, though, can only be for something if you conduct a trademark clearance search at the beginning of the procedure. No matter how original your idea, there’s a risk that someone will come up with it first. You shouldn’t assume that just because you successfully registered one product, it will work for another.
Consider the following scenario: You are the owner of a Florida LLC that produces t-shirts, but you want to expand into the footwear industry. It doesn’t necessarily follow that your trademark will likewise be available for shoes just because it was previously available for t-shirts. Each commodity or service has a distinct “class,” which must be considered when looking for a trademark.
Potential Infringement Issues
Even though you’ve utilised an unregistered markup doesn’t mean you’re immune to accusations of infringement. Even so, you can unintentionally be violating the rights of someone else’s registered brand. In this case, conducting a trademark clearance check is essential to safeguard yourself and your intellectual property. Your mark might need to be redesigned if it is less original than you believed. If not, you can later receive a cease-and-desist notice or possibly be sued for infringement.
Evaluation of Potential Mark’s Strength
A trademark clearance search can be beneficial even in the first phases of planning your mark. This is especially true if you have to choose from several possibilities. Your inquiry will also determine why failed applications were denied and registered marks. A mark is frequently deemed “weak” if seen as overly general or falls short of USPTO requirements. A powerful mark must be chosen to register a trademark effectively. For more information, see our advice on selecting reliable brands.
Using Registered Goods and Services as a Benchmark
Examining trademarks that have already been registered with the USPTO is an excellent method to gauge your competition and discover what other companies, goods, and services are already available that are similar to yours. Once more, the product or service your proposed trademark would guard needs to be significantly different from those of other companies and individuals who have already registered. We assure you that you want to avoid dealing with the trouble of an unsuccessful application.
While a trademark clearance search may seem straightforward, it’s more complex than a typical Google search. Even though your trademark appears to be clear, there is always the possibility that you need more proper search criteria. There are numerous classes, databases, and technical terms to sort through.