Four Things that Could Go Wrong If You Do Not Conduct a Trademark Search
The United States Patent and Trademark Office (USPTO) explains that a trademark is a legally protectable form of intellectual property (IP). It is a source signifier. To get trademark protection, you need to pick a unique “mark.” For this reason, a comprehensive trademark search is a must. A trademark search is the process of checking existing trademarks to determine if a proposed mark is available for use and registration. At Perkins Law — Brand Protection, we are leaders in trademark searches. Here, our Boca Raton trademark lawyer highlights four things that could go wrong if you do not conduct a comprehensive trademark search in Florida.
- You May Infringe on an Existing Trademark
A trademark search is often also called a trademark clearance search. One of the core purposes is to ensure that the mark that you are considering for your brand is not already being used by another company. Skipping a trademark search puts you at risk of unintentionally infringing on an existing trademark. Even if your brand name feels original, another business could already hold rights to it or to something that is confusingly similar. A proper search can help you identify these potential conflicts early and avoid expensive legal battles.
- You Could Be Forced to Rebrand After Launch
Imagine that you do not conduct a trademark search and then you launch a new brand. It could cause big problems. As all entrepreneurs know well, building a brand takes time, effort, and money. If you launch a product or service using a name that’s already protected by trademark law, you could be forced to rebrand everything. That means a rebrand of your website, packaging, marketing, and more. Rebranding disrupts your market presence and breaks continuity with your customers. Worse yet, you may lose goodwill, customer recognition, and online search rankings. A trademark search helps ensure the name you invest in is actually available.
- Your Trademark Application Could Be Rejected
You cannot register a trademark if it is already owned by another party. The USPTO will reject your trademark application if it conflicts with a previously registered mark. The rejection not only delays your business plans but also wastes the time and money you spent preparing and filing the application. A comprehensive trademark search can identify existing registrations and pending applications that may pose conflicts, giving you the chance to choose a safer option. Without a search, you are taking a big risk.
- You Might Miss a Chance to Protect Your Brand Properly
A trademark search is not just about avoiding others, it is also about strengthening your own position. If you do not understand the trademark landscape, you may pick a weak or generic brand name that’s hard to enforce legally. A top-tier Florida trademark lawyer can help.
Contact Our Florida Trademark Attorney Today
At Perkins Law — Brand Protection, our Florida intellectual property lawyer is a leader in trademark searches. We are proactive and solutions-focused. If you have any questions about trademark searches, we can help. Contact us today for a fully confidential consultation. Our firm helps businesses and entrepreneurs with trademark searches throughout South Florida.
Source:
uspto.gov/trademarks/basics/what-trademark
