I can not count the amount of times I wished I had a time machine for clients who retain my firm to assist them in the trademark registration process.  A lot of clients retain my firm to conduct a trademark search after they have built up significant equity in their brand name or logo.  The problem with conducting a trademark search so late in the process is that many times a conflict can exist that will cause a major reinvestment to be needed in a new name or logo.

I find that a lot of clients believe that if they are able to register the trademark as their business name when they register an LLC or Corporation that their trademark is “available for use.”   This, however, is not the case.  Trademark law in the United States is complex.  In order to know if a trademark is “available” for use, a full federal, state, and common law trademark search should be conducted by a professional.

My best advice to business owners is that before you open your doors, or start to market that new product or service, conduct a trademark search with a professional that can give you a good legal opinion as to whether or not it is safe to proceed.  And please, whatever you do, do not think that you can use any of the “free” searches available on the internet to ensure your trademark is available.   Those trademark searches are legally worthless.

If you would like to retain my firm to conduct a trademark search for you, please click here or call us at 1-877-350-6275