Business owners, executives and successful professionals may want to establish trademarks as part of a broader branding effort. Trademarks are visual representations of a company or a specific brand that may feature prominently on signage and packaging or in advertisements.
The goal is to help consumers automatically recognize a company when they see a trademarked logo. Although some people try to navigate the trademark process without legal assistance, mistakes are easy to make without the assistance of an experienced trademark attorney.
Insufficient research is common
The trademark research process is complex. Each trademarked image or logo must be distinct from others. The United States Patent and Trademark Office (USPTO) has strict standards regarding the likelihood of confusion among consumers.
Trademarked images should not look significantly similar to existing trademarks, especially from within the same industry. They should not create a likelihood of confusion based on the design itself, the words included or the sound of the trademark spoken aloud.
While the USPTO does provide a database online for professionals and business leaders to search, those without experience navigating that database could easily overlook existing trademarks by failing to check a variety of different keywords and terms.
Insufficient research can lead to denied applications in a much lengthier registration process. A company’s brand is vulnerable for as long as its trademark remains unregistered.
An attorney familiar with trademark registration can assist with the research process and can help manage any complications that arise. Securing support early in the trademark registration process can limit opportunities for conversion and better ensure that a company can take prompt action if any trademark infringement eventually occurs.