What a Trademark Clearance Search Really Tells You

When trademark disputes occur, they are not usually the result of parties with bad intent initiating the disagreement. Typically, trademark problems begin when one or both parties take shortcuts.

First, an entrepreneur will become enamored with a name for a product or offer. Next, their marketing group will run a basic search engine query to check the availability of that name. If the business owner is feeling extremely thorough, a quick search of the U.S. Patent and Trademark Office website will be conducted. So long as nothing comes back on the search, the entrepreneur will use the name that caught their attention.

Unfortunately, this level of search will typically end in a bad situation. Cease-and-desist letters and the possibility of a lawsuit may result when the owner of a trademark comes calling. A trademark clearance search is a reflection of how valuable the brand is to your business and how harmful it may be to change the name later.

The Meaning of Trademark Clearance

Trademark clearance is a search that determines whether a desired name, slogan, or logo is likely to infringe the trademark rights of another person or entity. Bear in mind that rights are based primarily on their use, not their registration. This ultimately means that a name may be protected even if it is not registered.

What this means for a person conducting a trademark clearance search is that the process is primarily forward-thinking. Whether the use of a name, slogan, or logo is likely to create public confusion or prompt an enforcement lawsuit in the future is what the search is intended to determine.

An Entrepreneur Must Do More Than Register Its Trademark

Even an approved trademark application does not eliminate all risks associated with using a name, slogan, or logo. There is still the possibility of an infringement claim even if the registration application has been approved. An unregistered user of a business name, for example, can still challenge the use of that name by your company.

Expanding and scaling a brand is a desirable goal for many entrepreneurs. However, before any earnest attempt to scale begins, a clearance search must be conducted. The last thing anyone wants to see happen is for a business to invest a considerable amount of time and money in a branding campaign only to find that a dispute has arisen over its business name, logo, or slogan. A potential rebrand of their company would be incredibly expensive and time-consuming.

Why Hire a Professional to Conduct a Trademark Search?

When a professional conducts a trademark search, the scope of their search is far greater than that of an inexperienced individual. Both federal and state trademark databases and website directories are searched. Experienced trademark counsel matters when connecting the dots in a comprehensive trademark search.

Trademark Clearance Searches Done the Right Way

Contact Tapley Law to reduce the likelihood of a trademark dispute while encouraging growth and scalability of your brand.