When to Contact a Trademark Attorney

Posted Wednesday, July 01, 2009 by Katie Long.

It is highly advisable to contact a trademark attorney when you first begin the brainstorming process of your new service or product. Because branding is pivotal to the marketing of a new product, it is important for companies to conduct a search of their potential trademark before expending large sums of money on marketing, advertising, and creating the company identity. A common mistake that companies new to the trademark world make, is beginning their marketing and identity launch prior to conducting a thorough trademark search. The failure to conduct this search can result in any one or more of several unfortunate outcomes. For example, your newly created trademark may be unregisterable due to another company having already registered the mark for the same or similar product. Using a trademark registered by another entity could result in cease and desist letters commanding you to stop using your new mark. Even worse, the use of a previously registered mark could result in an infringement lawsuit being commenced against your company. Litigation is time consuming, costly, emotionally taxing, and uncertain. All of these negative outcomes can be easily avoided by conducting a trademark search BEFORE marketing your product. You can pay an attorney to conduct the search, or conduct the search yourself by using the USPTO website. www.upsto.gov.

Quick Links

  1. Patent Applications
  2. Basic Intellectual Property Law Principles

Blog Archive