When you decide that you want to start your own business, it is crucial to lay the proper groundwork. Most people think that this just involves registering their business with the state and filing Articles of Incorporation or an Operating Agreement. While all of that is true, most people forget that conducting a trademark search is a step that shouldn’t be overlooked.

Here are FIVE compelling reasons why:

1. Avoid Legal Complications: Conducting a trademark search can help you identify if your chosen name or logo closely resembles existing trademarks. This proactive step can save you from potential legal disputes and the financial burden associated with trademark infringement.
2. U.S. Patent and Trademark Office (USPTO) Database: Start with a search of the USPTO’s online database for federally registered trademarks and pending registrations. This will help you identify any trademarks that might conflict with yours on a national level.
3. State Trademark Databases: Check the trademark databases of individual states through their Secretary of State Offices. Some businesses only register their trademarks at the state level, especially if they operate in a limited area.
4. Internet Searches: Perform general internet searches to find businesses using your proposed trademark that may not be registered. This includes searching through social media platforms, domain name registrations, and online directories.
5. Common Law Searches: Beyond official databases, look into telephone listings, industrial directories, and other sources that might reveal unregistered trademarks being used in commerce. Common law trademarks can still pose a risk to your brand even if they aren’t officially registered.

If you would like a more thorough search, you can reach out to a trademark law firm, such as Coger Law Firm, to conduct the search for you.

• Establish a Unique Identity: A trademark search ensures that your brand stands out. In today’s crowded marketplaces, having a unique and distinct brand identity is crucial for capturing consumer attention. By ensuring your trademark is unique, you’re laying the foundation for a strong brand presence that resonates with your target audience.

Establishing a unique identity through trademark registration involves choosing elements that are both arbitrary and distinctive. Here’s how these factors play a critical role:

• Arbitrary Trademarks: These are actual words with a common meaning that have no relation to the product or service being trademarked. This lack of connection makes them inherently distinctive and strong trademarks because they don’t directly describe the product or service. Examples include “Apple” for computers or “Amazon” for retail services. Arbitrary trademarks are favored for their high level of protection under trademark law.
• Distinctiveness: A trademark must be distinctive to be registrable. This means it should stand out and be recognizable as identifying the source of your goods or services to the public. A distinctive trademark is one that quickly and clearly distinguishes your products or services from those of others, making it easier for customers to identify your brand.
• Other Factors for Registration: Beyond being arbitrary and distinctive, a trademark should not infringe on existing trademarks, must be used in commerce, and should be filed with the appropriate trademark office, such as the USPTO in the United States. Conducting thorough trademark searches prior to filing can help avoid conflicts with existing trademarks and ensure a smoother registration process.
• Secure Brand Investment: Your brand is an asset. By conducting a trademark search and subsequently registering your trademark, you’re protecting your brand equity. This not only secures your investment but also adds value to your business, making it more appealing to investors and customers alike.

Starting your business or brand with a thorough trademark search sets a strong foundation, mitigating risks and fostering a unique identity that distinguishes you in the market.