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The How To/How Do's Trademark Search Questions Answered

Create Time 2017-09-05 03:09    Views:1153


    Whether a seasoned vet or a brand-new business on the road to success, one thing is for certain: one of the most important decisions in marketing your brand is the name and/or image of your proposed trademark.

     Think about it. This choice, even it feels like a small one, will form the cornerstone of your brand for years to come, helping to both cement your identity in a vast marketplace and differentiate your services from that of your competitors. 

     You may have spent tireless hours coming up with a name or image that accurately conveys your business’ services to prospective clients. You’re probably thinking: it’s time to file! What you may not realize is that trademarks aren’t always accepted; in fact, numerous applications are rejected each and every day, and in the US alone!

     This time, imagine a scenario in which you’ve: 

        ·         Invested countless hours into your business

        ·         Spent hard-earned revenue on building your customer base

        ·         Exhausted all avenues of marketing and advertising

…only to discover that your brand has already been registered by another company!

    Don’t make the mistake of investing in a brand that you might not use, or rushing into trademark registration only to see it rejected. You’re probably wondering how to avoid these common pitfalls. The answer lies in conducting a proper trademark search.

     Before we jump into what a proper Trademark Search is, have you ever asked yourself:

        ·         How to check if a word is trademarked?

        ·         How do I find out if a phrase is trademarked?

        ·         How to find out what is trademarked?

        ·         How do you find out if name is trademarked?

        ·         How to check if a business name is trademarked?

        ·         Who do I call to see if a name has been trademarked?

        ·         What is the website to see if something is trademarked or copyrighted?

        ·         where to check to see if a business name is trademarked?

What is a Trademark Search (and Why Do I Need One)?

   A trademark search is the first step you need to take before diving into the trademarking process, a process that can often be long and frustrating. What a trademark search accomplishes is the discovery of prior registrations and/or filings that are similar to your own proposed trademark. Why does this matter? Well, it will let you know the strength of your trademark availability.

    Specifically, this search will help you to discover whether similar trademarks are being used on related products and/or services and whether any potential conflicts may arise with your registration. It may even offer details about the kind of classes under which you might register your trademark. In effect, a trademark search helps you to fully evaluate the strength of your application’s acceptance before you begin the official process of filing.

    A preliminary trademark search is especially important in today’s marketplace, with brands and images from budding companies appearing daily, especially brands that may fall under common law registration (unofficial, state-level registration that might cause issues with your own registration success). This means that, even with a successful trademark search (i.e. one that indicates your brand is available for registration), you still might experience office actions or direct rejection from the trademark office. This is why having a complete and thorough trademark search is so vital to the continued growth of your company and its trademarked protection.

     A thorough trademark search means that the United State Patent and Trademark Office (USPTO) will search its own trademark database to check the availability of your registration.* It’s important to approach the trademark application process with the professional expertise that you need, from the very beginning.

     *[It’s possible that identical marks may co-exist within the database if it considers trademarks of a different class, which means the services/products are not related in any way, thus causing no issues of competition or potential client confusion.]

The SuperSearch™ Advantage

    You might be thinking that the trademarking process is too daunting for those without the time or experience. This is where Witmart comes in: our consultants take the time to understand both your brand and the vision for your growing business. In a marketplace full of failed filings and avoidable office actions, Witmart knows the right questions to ask.

     Simply put, our thorough approach to trademarking registration ensures you have the highest level of protection and the greatest likelihood of approval when it comes time to file. Part of this process means taking the guesswork out of registration and conducting a free comprehensive double-tiered trademark search on your behalf.  This SuperSearch™ goes beyond any surface-level inquiries regarding your proposed trademark. Witmart’s SuperSearch extensively investigates:

·         All global trademark databases

·         Your freedom and ability to operate in various trademark classes

·         Any potential risks associated with your proposed trademark

·         The potential infringement of other trademarks

    Based on the results of our comprehensive search, our trademark consultants will then recommend the best trademark solution tailored to your business' needs.

    Witmart will help to take the guesswork out of trademark registration with the expansive and thorough SuperSearch™ advantage. Feel free to contact one of our representatives today for a free, no-obligation consultation!

Free Comprehensive Search