No matter what filing basis you choose, the USPTO will process your application, check for conflicting marks, notify you of issues to be resolved, and hold a public opposition period. When you file a trademark registration application, you must either apply based on “use in commerce" of your trademark, or “intent to use." When you file on an “intent to use" basis, it means you aren't using your trademark yet, but plan to use it in the near future. In general, you must use a trademark in your business in order to have trademark rights.īut the USPTO offers a way for businesses to preserve their right to use a trademark in the future. Registering a trademark before you use it Customs and Border Protection to block imports of infringing goods. A federally registered trademark also allows you to file a trademark infringement lawsuit in federal court and register with U.S. Unregistered marks may have “common law" protection in your immediate locality, or you may be able to register with your state for statewide protection.īut neither of these are nearly as strong as a federal trademark, which extends nationwide and paves the way for foreign registrations. You don't have to register your trademark with the USPTO in order to have some trademark protection. But Delta faucets and Delta airlines are not.ĭeciding whether to register your trademark For example, Delta sinks and Delta faucets are probably confusingly similar because sinks and faucets are related. A comprehensive trademark search will tell you whether there are any “confusingly similar" trademarks that might pose problems.Īs the phrase suggests, a “confusingly similar" business name has the potential to confuse customers because it looks or sounds like your name, and it's used on goods or services related to the ones you offer. The best way to avoid this is to do a trademark search before you commit to a name and spend money marketing it. This means losing your name recognition and potentially spending tens of thousands of dollars on new signs, labels, marketing campaigns, and everything else you'll need to rebrand your business. Then, to resolve these issues, you may have to change your brand name. The other trademark owner may threaten a lawsuit if you continue to use the name. If you choose a name that's too similar to an existing trademark, you may be unable to register your trademark with the U.S. Your business name can form the core of your brand, and it can also create serious trademark issues. ![]() How trademark searches help you establish a strong brand The best strategy is to think about trademarks from the very beginning-ideally, when you're choosing your business name and logo and forming your business entity. While it's true that you can apply for federal trademark protection at any time, there's no guarantee your trademark will be approved for registration, even if you've spent a lot of time and money building your brand. But many small business owners don't even think about trademark protection until after they've been in business for months, or even years. A strong trademark helps you establish a successful brand that stands out from the competition.
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