Did you know that between October 1870 and March 2024, a total of 12.7 million trademark applications were filed with the United States Patent and Trademark Office (USPTO)?
By doing a trademark clearance, you will be able to avoid potential conflicts and infringing existing trademarks. Trademark clearance allows you to see if your proposed trademark is available for use and registration. You can do trademark clearance alone, but it’s best to consult a lawyer.
According to a Trademark Clearance Attorney, hiring a lawyer can help you ensure that your trademark application is drafted correctly, that you minimize the risk of getting your application denied, and that you don’t infringe others’ trademarks.
Let’s look at the process of trademark clearance and how a trademark lawyer can assist you:
Understanding Trademark Clearance
When planning to launch any brand or product, it is important to check whether the proposed trademark may lead to any potential disputes.
Legal clearance ensures that any planned name, logo, and slogan do not infringe upon any existing trademarks. Early discovery of potential conflicts during development expedites their resolution.
It is important to get familiar with issues of trademark law and classification of trademarks: federal, state, and common law. This knowledge will save you headaches and legal expenses that will come down the road.
Newport Beach business litigation lawyer Nicholas D. Myers says when you build a successful business, there are unfortunately others who will want to capitalize on your reputation and goodwill by copying your brand. You’d want to protect your assets and interests and avoid litigation as much as possible.
Trademark clearance will protect your brand and further enhance its value in the market. Securing your intellectual property will help you achieve long-term success.
Conducting a Comprehensive Trademark Search
Make sure to conduct a comprehensive trademark review before launching your brand so that you can protect your distinct name or logo.
Start with a search on the United States Patent and Trademark Office (USPTO) database to establish whether any other existing marks might oppose yours.
But don’t stop there. The search should also continue on state trademark databases, as well as online platforms for unregistered marks. An almost identical-sounding or visually similar trademark can pose a serious risk to you.
Use professional trademark searching services or consult professionals regardless of the market situation you are entering. Remember, more thorough searching lays a favorable foundation and helps you avoid potential legal issues.
Assessing the Risk of Infringement
This step comes after the trademark search. To assess infringement risk, you must analyze the market and look for similar trademarks or businesses that offer the same products and services as yours.
If there is a registered parallel mark within the same industry, there is no doubt the exposure to risk increases substantially, more so if you have the same products and services.
Your trademark lawyer can provide you with the best option and steps to take when there is a risk of infringing existing trademarks.
Navigating the Application Process
After pointing out the infringement risk, you are ready to take on the application phase for your trademark. You will need to gather all necessary data concerning the description of your trademark, the goods or services it represents, and the usage dates corresponding to them.
Select the suitable application form for your needs, be it the TEAS Plus or TEAS Standard. Don’t forget to remit the necessary fees and attach any relevant documents for the applications.
Review your application for accuracy before submission. The processing may slow down, or your application could be rejected if there are any errors. Watch the status of your application for the final approval of this submission.
When the trademark office asks you more questions, be prepared to answer them.
Responding to Trademark Office Actions
Upon receiving an action after filing an application, it is important to respond promptly and effectively to prevent the possibility of complications.
Normally, a deficiency notice issued will provide the reason for refusal, be it descriptiveness, or likelihood of confusion, or an issue with the specimen.
Review each point carefully. You may have to search for additional evidence or amend your application to comply with the concerns raised by the office.
If you’re unsure about how to proceed, consulting a trademark attorney can be invaluable. Your lawyer can help craft a strong response and ensure you meet all deadlines. A thoroughly prepared response can improve your chances of getting your trademark registration approved.