When you are in the early stages of building a business, few things are as exciting as creating your brand. The name, the logo, and the slogan are how the world will know and remember you. But before you commit to printing business cards, building a website, or launching a marketing campaign, there’s a legal step you can’t afford to skip. That is the trademark clearance search.
Unfortunately, many businesses run into trouble because they did not know this step was required. Let’s look at the importance of trademark clearance searches before branding. With this step, you can protect your brand from costly headaches down the road.
What Is a Trademark Clearance Search?
A trademark clearance search is a review of registered and unregistered trademarks. This search allows you to find out if someone else is already using your proposed name, logo, or tagline.
What exactly is reviewed? U.S. Patent and Trademark Office (USPTO) database, state trademark records, and common law usage are all examined. Before starting your journey, you want to ensure your brand does not infringe on someone else’s rights.
The Risks of Skipping It
Think about this: you launch your business with a name you love. You invest in marketing, packaging, and social media. Six months later, you get a cease-and-desist letter from a company that already owns the trademark. Now, you have to rebrand, pay possible legal fees, and deal with the loss of all the brand recognition you worked so hard to build.
Unfortunately, this happens all the time.
In trademark law, intent does not matter. You could unknowingly infringe on another business’s trademark and still be forced to stop using your brand, pay damages, or even go to court. A trademark clearance search is your best defense against that risk.
Avoid Conflict and Build Value
Branding is your company’s asset. When you know your brand does not have any conflicts, it becomes something you can protect, grow, and even license or sell in the future. A trademark that has been cleared and properly registered is one of the most valuable pieces of intellectual property a business can own.
Additionally, if you plan to register your trademark with the USPTO, this search is a great starting point. It helps avoid rejection during the application process by flagging potential conflicts before you spend time and money filing.
Common Law and Global Concerns
Keep in mind that if a trademark is not registered with the USPTO, someone else may still have legal rights to it through “common law” use. That means they have been using it in commerce, even if it is only locally or regionally. A thorough search digs deeper than federal records.
For those businesses with plans to grow beyond the U.S., this is the time to think globally. Trademark laws vary by country, so a name available here may already be taken elsewhere. A clearance search can be customized to check international databases as well.
Rebranding Is Expensive
Rebranding is expensive and disruptive. You have to:
- Change your name
- Redesign your logo
- Update your website and social media
- Reprint all your materials
- Reintroduce yourself to your audience
Plus, you might face the potential loss of goodwill and customer recognition. A trademark clearance search is a small investment that protects a much larger one. It gives you peace of mind that your brand is built on solid legal ground from the very start.
Let Us Help You Get It Right from Day One
The importance of trademark clearance searches before branding should not be overlooked. Before you invest in a name, a logo, or a slogan, you want to make sure it is legally available. If you’re thinking about branding or rebranding, you need to get some legal assistance.
At Iconic Inc., we can help you take this essential step with confidence so you can focus on growing your business with a name that is yours. Schedule a consultation today to learn more about these important trademark clearance searches.