Why Are Trademark Searches Critical to New Brands in Boston & The Greater New England Area?
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As a brand new brand trying to establish itself as a respectable source of products and resources, trademark registration is a superb means to provide a greater sense of credibility and legitimacy for the brand, also, to create a barrier of legal protection for the brand you’ve worked so hard to build. Before applying for the signature registration, nevertheless, it is very important that a trademark search is done before beginning the process at the national level.
A trademark search aids to ensure a trademark application will be approved by both the USPTO and future problems in the market will be avoided The biggest advantage to a trademark search, particularly for a brand new brand, is that it provides clarity concerning the uniqueness of your signature. When filing a federal trademark application for your title, logo, or emblem I, the federal government compares it to a registry of established trademarks and might reject yours predicated upon being too like a mark already in existence. By performing a preliminary trademark search, you can establish that your brand is unique enough to be a registered trademark. In the event, the preliminary search yields several based marks very similar to yours, then it’s possible to make the changes and proceed with the edited mark.
In the event the comparable mark is located during the application procedure, the USPTO examining attorney would subject a rejection from the kind of an Office action, necessarily prolonging the application process or causing complete refusal of your program. This saves you since the trademark owner both time and money at government charges, equally currently avoidable as a result of the signature search done before applying.
Additional a trademark search will help to make sure you won’t be sued for trademark infringement by a competitor. If you ultimately select a name that is similar to a competitor, you might be sued. A properly finished signature lookup will alert you to these problems. After that, you can make a change before undergoing this liability.
Consider utilizing a lawyer’s help when performing a trademark search
There are some trademark search engines available that market as efficient and all-encompassing, but this is frequently not the case. To make certain, you’re considering all factors before submitting your program; it is beneficial to work with an attorney from a trademark law firm. Studies show that only 57 percent of people who filed a trademark application without using an attorney were accepted, while 83 percent of applicants that did use a lawyer was approved.
Our Law Firm uses applications for its national and state trademark searches. This program is a potent industry-leading trademark search applications, to ensure clients are receiving comprehensive trademark search results and to verify that no preexisting trademarks could interfere with your application procedure. Once the search is finished, our customers get an opinion letter from a lawyer, as well as a phone consultation. These conversations will direct the rest of the program process and ultimately lead to the drafting and filing of your signature program.
Due to the statistical advantage of hiring a lawyer to assist with the trademark registration procedure, new manufacturers find this investment to be advantageous overall. Trademark searches are critical for new brands to minimize any potential barriers that may stand in the way of the brand’s expansion, and the help of a professional legal staff mathematically enhances your chance of succeeding.
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When and Why You May Need to Hire a U.S. Trademark Attorney
A registered trademark is a valuable asset to any enterprise. While registering a signature may seem fairly easy, the procedure is, in fact, quite comprehensive and requires many legal decisions along the way. Opting to take on this task alone can lead to unnecessary errors, expensive re-filings, and even rejection. Whether you are just starting to create your signature or you are faced with potential citizenship, you might gain from the experience of a trademark attorney.
When Should You Hire a Trademark Attorney?
A trademark attorney ought to be hired when you’ve got an idea for the name of your organization. This is because a trademark lawyer should run a search on your title and offer an opinion to you on whether or not the name is safe to use. Far too many business owners fall in love with a name and fail to correctly search and clear the title before ordering product or signage packaging. If you’re locked into a name before hiring a trademark attorney, you’re taking many of the tools the lawyer has available to assist you out of her or his hands.
Should You Hire a Trademark Attorney?
You should hire a trademark lawyer as a skilled and experienced attorney will give you a better prospect of procuring a trademark registration than if you submit a trademark on your own. The University of North Carolina finished a study many years ago that discovered signature lawyers can increase the likelihood of success of a trademark application by over 50%. The reason for this is that a trademark application is a highly complex legal proceeding, although several internet companies and posts make it seem easy. Many small business owners have been lured into the trap that they can”do it themselves” and not have any substantial consequences. The data here is overpowering and clear; trademark attorneys give business owners a higher probability of succeeding in obtaining and securing trademark rights afterward if the attorney is not used.
Engage a U.S. Attorney to get a Trademark Clearance Search
The first step to registering a trademark is finishing a comprehensive trademark search. This search is supposed to ascertain whether a confusingly similar trademark is before you start your application. While there are do-it-yourself legal sites offering these hunts at an extremely low rate, the choice to go DIY could end up costing more in the long run. Legal sites and search engines typically only show exact matches to your signature. Regrettably, trademark disputes arise not only inexact games but from trademarks that might make a likelihood of confusion in the market. An insufficient search could overlook similar trademarks, leading to rejection from the United States Patent and Trademark Office, or USPTO.
On the contrary, experienced trademark attorneys can execute a more comprehensive search. Instead of simply detecting precise wording matches, trademark attorneys will complete a comprehensive look of your signature, if it is a business name, slogan, or even a symbol, and determine if any existing registered marks might be deemed confusingly like an examiner at the USPTO. If your attorney has been alerted to a possible game, you can work together to make a route forward to possible registration.