A trademark search is really important when you’re starting a brand. This process protects your brand’s distinct identity. It means checking to see if your trademark has already been used by someone else. It is best to do this first before you start your business or sell products to prevent any problems in the future.
What To Search For
When you start a trademark search, it is important to know what you’re looking for. You need to find out what makes your brand unique. A trademark can be your business’s name, product name, logo, or tagline unique to your brand.
When you search, you’re looking for trademarks that are “confusingly similar” to yours. This means they’re close enough that it can cause a likelihood of confusion because you may have the same products or services. It doesn’t have to be an exact match. Even small differences in how trademarks look, sound, or are spelled can be a problem. The goal is to avoid anything that could lead to a misunderstanding. A careful trademark search will increase your chances of a successful trademark registration.
How To Search for Trademarks?
Trademarks are sorted into different categories, depending on what they are for. First, figure out which category your product or service belongs to. Then, you can check if anyone else is using a similar name in that category. Here are some ways to start your search:
- Internet Search: Use search engines and type in your brand name along with what you’re selling. Also, check social media to see if anyone is already using your name or logo.
- Official Records: The USPTO keeps a list of all registered trademarks. Each State even has its own list of registered trademarks. You can search these databases to see if your mark is already taken based on the product or service you will be selling.
After you’ve done your search, take some time to look at the results. Try searching with different spellings or similar letters to find trademarks that might be too close to yours. Make sure your trademark is truly available before you spend money and time building your brand.
What Do You Do If You Find a Similar Trademark?
When two trademarks are too similar, it can lead to legal disputes, hurt your brand’s reputation, and make it harder for your business to succeed. If you find a trademark that might be too close to yours, here are some important steps you should take
- Compare: How similar are they? Do they look alike? Sound-alike? Have the same meaning?
- Think about Confusion: Would people think they’re the same brand? If so, you will need to consider the likelihood of confusion. Are you selling the same product or service? If yes, it might be best to create a different brand name and look.
- Talk to the Owner: You could try talking to the person who owns the other trademark and work out an agreement.
What’s Next?
For a strong and secure brand, a proper trademark search is important. Knowing what to search for, how to do it, and what to do if you find similar trademarks helps you make smart choices and protect your brand for the future. An effective trademark search makes it easy and sets your business up for success from the start.
Still have questions? Book a consultation with our trademark attorney today! We offer clear step-by-step support to help your business thrive.