When starting a new business or launching a new product, one of the most important steps is to assess the availability of a trademark. A trademark is a unique symbol, word, or phrase that identifies and distinguishes a company’s products or services from those of its competitors. It is crucial to ensure that the trademark you choose is not already in use by another company to avoid legal issues and potential conflicts.
However, many businesses make common mistakes when assessing trademark availability that can lead to costly consequences. In this article, we will discuss some of these mistakes and provide tips on how to avoid them.
One of the most common mistakes businesses make when assessing trademark availability is not conducting a comprehensive search. Many companies rely on a simple online search or a search of the United States Patent and Trademark Office (USPTO) database to determine if a trademark is available. However, these searches may not uncover all potential conflicts. It is important to conduct a thorough search of not only the USPTO database but also state trademark databases, domain name registries, and common law sources to ensure that the trademark is not already in use.
Another common mistake is failing to consider similar trademarks. Even if a trademark is not identical to another, it may still be considered infringing if it is confusingly similar. It is important to consider not only exact matches but also variations, misspellings, and phonetic similarities when assessing trademark availability.
Additionally, businesses often overlook international trademarks when assessing availability. Just because a trademark is available in the United States does not mean it is available in other countries. It is important to conduct a search of international trademark databases to ensure that the trademark is not already in use in other jurisdictions.
Another common mistake is assuming that a trademark is available because it is not registered. In the United States, trademark rights are based on use, not registration. Even if a trademark is not registered with the USPTO, it may still be protected under common law if it is being used in commerce. It is important to conduct a search of common law sources to ensure that the trademark is not already in use.
In conclusion, assessing trademark availability is a crucial step in the branding process. By avoiding common mistakes such as conducting a comprehensive search, considering similar trademarks, researching international trademarks, and not assuming availability based on registration status, businesses can ensure that they choose a trademark that is unique and legally protectable. By taking the time to properly assess trademark availability, businesses can avoid costly legal issues and conflicts down the road.
To learn more, visit us on:
immagine
https://www.immagine.au/
0414060044
Richmond, VIC., Australia 3121
Located in Melbourne, Australia, immagine services trademarks in Australia and other countries. We save you time and money by offering Trademark Registrations, Trademark Legal Services and Trademark Administration.
Our Founder CEO Mark Davis LLM has serviced this industry for many years and holds a number of legal qualifications including Intellectual Property Rights in a Juris Doctor and Advanced Arbitration.
