Trademarks for 2010: Clear your Trademark with a Trademark Search First

January 20, 2010 | In

Trademarks for 2010: Clear your Trademark with a Trademark Search First

Why is it so important for you to have your trademark attorney apply for a trademark application? There are many reasons, but before I answer that question, it is even more important to conduct a trademark search first, prior to the adoption of the name you wish to use for your brand or business. Why?

Imagine you did not have your trademark lawyer conduct a search, and you just decided to use a name for your new product. Let’s say you have commenced manufacturing the product and packaging for it, so the name you picked is all over the packaging and on the product itself. Months may go by and sales may be good until one day you receive a cease and desist letter from another company that sells a similar product with the same or similar name. They are threatening you with a trademark infringement lawsuit seeking an injunction and $500,000.00 in damages. Now what? Conducting a simple inexpensive trademark search first can avoid that scenario.

Further, it should be YOU who obtains a federal trademark registrations so if necessary, YOUR attorney can send out similar cease and desist letter to enforce your brand if necessary.

Our firm conducts comprehensive and common law trademark searches all interpreted by Mr. Cohen at the standard of likelihood of confusion. He will provide you with a search report and a follow-up consultation to thoroughly explain the search results and any problematic trademark registrations and applications that already exist.