When trademarking your brand, it is vital to conduct a comprehensive trademark search to determine if the mark can be registered. Yet, as important as this step is, many folks avoid doing it. Why? One reason may be cost. The cost of investing in a trademark search is not cheap. It can range anywhere from $300-750, plus the cost of analysis (having a lawyer tell you what the voluminous search report actually means). But avoiding those costs on the front end can create greater costs on the backend.
If you don’t do a search and someone else is already using the same trademark, your application will likely be denied by the United States Patent & Trademark Office (USPTO). Their reason: your mark is likely to be confused with an existing registration or a pending application trademark.
When should you do a search?
When you are about to do any of the following, among other things:
- Start a business
- Build a brand
- Acquire a business
- Purchase Assets
- Purchase a Franchise
- License a trademark
- Collaborate with someone on a project involving content or brand creation.
Until next time, I’m attorney Francine Ward sharing useful legal information. Join my conversation on Facebook, Twitter, or in one of my LinkedIn groups, Google+ Circles.
