A trademark may be a word, phrase, letter(s), number(s), pictorial scene, smell, sound, color, packaging, product configuration, or anything else capable of legally representing a company and its products and services. Whatever it may be, it is supposed to help potential customers recognize a particular company as the source of certain products and services, with which they may be interested in and have trust in. This is to say that your trademark must be unique and should not be easily mistaken for any other mark used in the marketplace already. Well, this may be confirmed through a simple trademark search. Without further ado, please continue reading to learn more about conducting a trademark search and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can help emphasize the importance of this step.
What should I know about conducting a trademark search?
In an informal sense, a trademark search is the process of determining if your proposed trademark is similar to or the same as an existing trademark already in use in the market. More specifically, you may initiate this process by first doing a preliminary search using online databases. Arguably, the best online database you may use as a resource is that of the United States Patent and Trademark Office. But there are also state trademark databases, business name registries, etc.
You may even want to do yourself a favor and continue your trademark search on common law sources. While common law trademarks are technically unregistered, they may still have certain legal protections in the market that you should be mindful of. Overall, this search may not be as easy as it sounds and it definitely cannot be accomplished in one sitting. This is why we recommend you hire a seasoned trademark lawyer to cross-reference and double-check your research at this time.
What happens if I neglect the step of a trademark search?
Understandably, you may be eager to get your trademark application approved and start using it for your company and its products and services in the market. However, skipping the trademark search step may complicate things and lead to more delays and work for you in the future.
For one, you may receive a cease-and-desist letter from the owner of the conflicting trademark. This may force you to rebrand your entire company and its products and services. Further, this may cause you to incur costs for new marketing materials with your new trademark, for thoroughly updating your company’s website, for effectively informing your customers not to create confusion, etc. What’s worse, after a cease-and-desist letter, the owner of the conflicting trademark may follow through in taking legal action against you. If you lose this trademark infringement case, you may be ordered to pay the plaintiff’s economic and non-economic damages, legal fees, etc. You may even be expected to turn over the profits earned with this infringing mark.
Besides worrying about these financial and legal issues, you should conduct a trademark search to ensure your own success in the market. That is, you want your mark to undoubtedly stand out in the market rather than having it commonly mistaken for another company and its products and services. In other words, you do not want to dilute your mark’s distinctiveness from its onset.
In conclusion, you should know that a skilled Essex County, New Jersey intellectual property lawyer is here to assist you with whatever your legal issue may be at this time. So please reach out to us at The Ingber Law Firm today.
