In the rapidly growing global market that most businesses currently participate in, the need for clear brand identification and distinction is perhaps more important now than ever. Equally as important, if not more, is the ability to protect the marks used to identify and distinguish a brand. Most businesses rely on trademarks to provide this kind of recognition and protection, with their marks functioning as quick and effective methods of identification of the source of the products and/or services that are being held out for offer.
One of the first steps in the process of obtaining trademark rights is a Trademark Search, or the process by which an attorney determines the strength of a proposed mark as it relates to the mark’s registrability. This search, and the report that results therefrom, plays an extremely important role in providing guidance regarding whether a mark would infringe on the trademark rights of another, the likelihood of successful registration, and how to go about the application process. Our experienced intellectual property attorneys at The Plus IP Firm have been through this process numerous times and have learned the best ways to increase the chances of registration.
A primary focus of our Trademark Search process is to determine what rights may exist for a proposed mark. This involves extensive research into similar marks, the strength of the client’s mark as it may be viewed by the United States Patent and Trademark Office (USPTO), the likelihood of confusion in the market, as well as how courts and the USPTO have previously handled similar or like marks or applications. A report is created and shared with the client, based on the research conducted, to provide a full picture of what the client may expect throughout the application process, including setting the expectation for registrability on the Principal Register or Supplemental Register.
As discussed above, the report resulting from a Trademark Search is an indispensable tool for gauging the probability that an application for a specific mark is accepted and the mark registered. When having the report done, it is pivotal to choose a team that is thorough, experienced, and diligent in their research and presentation thereof. Call us at 786-443-7720 or visit us on our website to set up a free consultation now.