The Number One Biggest and Most Preventable Mistake New Business Owners Make
Some of the most difficult problems that can be for a business owner are, in hindsight completely preventable. Though it may go without saying for some entrepreneurs, many new business owners eager to launch their brand come up with an idea, pay a designer for a logo, purchase the website and start listing products. While this is to a certain extent the process, the most important step of this process is often times forgotten to the detriment of the business owner in question.
On more than a few occasions, and often quite frequently, we have come to find out that many business owners do not run appropriate searches for ownership of their trademark before paying for business assets associated with the name they do not own. Even if it were not a requirement of a trademark owner to pursue and punish those utilizing a trademark that doesn’t belong to them, it is actually the legal prerogative of any trademark owner to not only motor their trademark, but it’s use and potential misuse by any other parties. What this means ultimately is that before your business can even get started, you could be hit with a very serious cease-and-desist letter from an attorney‘s office, or worse - be compelled to show in court for trademark infringement.
This is all completely preventable! The government provides a useful tool to search its databases of file trademarks for your business name and category. Before launching any new business, or before trying to file a trademark it’s paramount that you search the TESS database on www. uspto.gov as well as do thorough search engine checks, and review social media sites thoroughly for any businesses with the identical name you have chosen, or any affiliated names, or even those that sound alike - not just in your business’ categories but in any tangential categories that could have crossover.
It could be that you encounter a business that has a similar, or identical name that is in a completely different industry. In these cases it’s most important to get in touch with a trademark attorney to identify whether or not you were able to move forward. Sometimes it’s the case that the categories are completely dissimilar and there is no opportunity for crossover, or confusion for potential customers when engaging with your business. Though it may seem straightforward to determine on your own, it’s best to seek the legal guidance of a professional.
It can be incredibly disappointing to find out the name you planned on using for your service mark is already taken in your industry. This isn’t the end of the road, and it doesn’t require you to pack up your business and put a for sale sign in your yard. It may require some substantial creativity, and a number of thorough searches not only on TESS, but on the greater web (Google), popular blogs, and social media. You you can rename your business, and begin your trademark application with a usable name in mind for your service mark. Trademarks are an excellent way to create authority with your brand, but they must be filed appropriately.
If you were to file your trademark in appropriately, either by using a Servicemark belonging to another trademark holder, or simply filing the application wrong, it could be a long complicated road to approval. That’s why even though it’s possible to file a trademark application DIY, it’s best to entrust this official procedure to a legal professional. If you have a new business that is looking for a business name and service Mark, and you were interested in starting a trademark application, or you’ve already filed a trademark application on your own and receive an office action we can help. Now through Monday, May 31 any new business clients are eligible to receive 15% off of any new business service. That means 15% off of your trademark filing. It doesn’t get much better than that, and there couldn’t be a better time to profit from your intellectual property.
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