To avoid the headaches of finding out your business name is infringing on someone else’s trademark, unavailable to you as an enforceable trademark, or both, take these steps before settling on a name:
- Have a Trademark Search Done By an Experienced Trademark Attorney – They will search the USPTO’s database (TESS) for existing trademarks, check social media, domain names, online state business registries, and general online searches for businesses using a similar name. Then they’ll analyze the results and discuss your options with you, whether it’s an all-clear or there are major red flags.
- Document Your Use – The dates when you first use the mark anywhere (e.g., and “coming soon” sign) and when you first use the mark with offering services or sales of products to customers are the most important trademark dates. They determine your seniority if there is ever a conflict with someone else over who has better rights to a name. That’s why it’s important to keep records and dated examples of use (e.g., a screenshot of your website with the date in the header, a photo of your store with you holding up a newspaper with that day’s date on it, etc.).
- Apply to Register a Trademark – If your business name is crucial to your brand, consider filing for a federal trademark registration. This gives you nationwide protection and the legal upper hand if someone else tries to use your name. Federal trademark protection trumps state-level registrations. If you use the name for customers in more than one state, you can qualify for federal registration. If you’ve registered with the USPTO, or even submitted an application, other business owners having a search done to clear their own names will find yours and know you already have staked your claim, and the name isn’t available to them.
If you’d like help with trademarks, let’s talk. You can book a consultation online or by calling my office, use my contact form, or send me an email.
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