Developing a new brand or product concept can be an exciting process. Coming up with the perfect slogan and marketing concepts for a product that may stand out from the competition could lead to very profitable business operations.
A trademark can be crucial for branding a business and helping one product stand out from similar items offered by competitors. A trademark is a symbol or slogan that stands in for a brand. Formally registering a trademark is critical for the protection of an organization’s intellectual property.
Too many individuals with excellent concepts fail to understand what trademark research and registration require and may open themselves up to liability or infringement by cutting corners.
Trademark research is quite complex
Establishing a trademark means first verifying whether there is a similar existing trademark. There can be another brand with the same name or a similar trademark as long as it does not operate in the same sector of the economy. What the United States Patent Trademark Office primarily considers is the likelihood of confusion among consumers.
If two trademarks are similar in appearance, if they are effectively the same when spoken aloud and if they are in the same industry, then there may be controversy about a trademark application. One party might eventually face accusations of infringing on the rights of another brand. If the trademark is similar to one that exists in a completely different sector of the economy, then the likelihood of confusion is lower and the risk of infringement accusations is lower as well.
Ensuring that a new, seemingly perfect trademark concept does not infringe on an existing trademark is a crucial part of the trademark research and registration process. Most entrepreneurs and business owners do not have experience reviewing registered trademarks and may be unfamiliar with how to manage this process.
The clearance search process reviewing brand names and trademarks and be very labor-intensive, and cut-rate services that offer to assist with this research may not actually protect a company against infringement accusations. Organizations and entrepreneurs may need someone else to manage the process who has experience conducting trademark research. They also need the insight of a professional when evaluating whether a proposed trademark might face accusations of infringement.
A trademark is the foundation on which a company builds a new brand. Whether the trademark clearance search is part of a new startup or the expansion of an existing company lineup, ensuring that there are no similar trademarks in a particular industry is of the utmost importance for protecting a company’s branding and avoiding costly infringement claims in the future.
Consulting with a professional capable of advising on the complexity of intellectual property laws and assisting with the research necessary for trademark registration can help protect what an entrepreneur or organization invests in a new brand. Making sure no one else has previously trademarked the perfect slogan or a similar logo can protect the investments a company intends to make moving forward.