Imagine this–you have come up with the perfect idea to Trademark. A lot of people think the next step should be applying for a Trademark from the United States Patent and Trademark Office (USPTO). However, there is an important next step that can save you time and money—having a Trademark Attorney perform a Trademark Clearance Search
A Trademark Clearance Search helps identify any legal barriers to the use or registration of your proposed Trademark. A lot of people think that they can do this search themselves using the database on the USPTO website. Unfortunately, many people are used to getting all the relevant results sorted in the order of most relevant first when they perform a search online. This is not the case with the USPTO search AT ALL. In fact, the search results can be confusing, misleading, and not actually inform you of your risk level, which is why you should contact a Trademark Attorney to perform a Trademark Clearance Search prior to applying for a Trademark.
A Trademark Attorney’s Clearance Search will assess whether the Trademark you are
hoping to use is either identical to or confusingly similar to earlier existing, pending, or
unregistered marks. Whether the proposed Trademark is being used in a confusingly similar
manner or is used as an unregistered mark is where a Trademark Attorney’s greatly search
surpasses a general United States Patent and Trademark Office database search. A Trademark
Attorney will then inform and guide you on the risk level you have in using your proposed mark.
If a third party is using or holds an identical, confusingly similar, or unregistered Trademark, your Trademark Attorney will inform you that use of you proposed Trademark will open you up to potential Trademark Infringement claims and lawsuits. Additionally, if you choose not to use a Trademark Attorney and attempt to register your proposed Trademark without a proper Clearance Search, you could risk rejection of your Trademark application.
If you have a question about whether parts of your brand identity are trademark-worthy, an attorney at Hartsfield & Egbert can help. You can contact the Attorneys at Hartsfield & Egbert, PLLC at (405) 285-6858, or visit our website www.helawedmond.com and schedule a consultation.