Five Big Mistakes to Avoid When Conducting a Trademark Clearance Search
Before you make a major investment into a new brand, you need to ensure that you will be able to secure trademark protection. You do not want to spend resources developing a brand if another company already owns that trademark. A trademark clearance search is a must.
At Perkins Law, we are committed to guiding our clients through the trademark search process. Businesses, entrepreneurs, and organizations rely on us for trademark clearance. Below, you will find an overview of five big mistakes to avoid when conducting a trademark search.
Mistake #1: Going it Alone (You Need a Trademark Lawyer)
A trademark search is a must before making a major investment into a new product, service, or brand. Many think they can handle the trademark search alone to save money. However, trademark law is complex. A trademark lawyer has the experience necessary to conduct a comprehensive search and interpret the results accurately. With the guidance of trademark attorney, you can be sure that you have all of the information you need.
Mistake #2: Waiting too Long to Start the Trademark Search
Trademark protection is a time-sensitive process. Too many businesses delay the search until after they have already invested in the brand. This is risky—and it could be a major mistake. If you find out late that another business has a similar or identical mark, it might mean rebranding or facing legal consequences. Starting early helps avoid these costly setbacks.
Mistake #3: Sticking Only to the Official Federal (USPTO) Trademark Database
Relying solely on the USPTO’s federal database is not enough. Comprehensive searches include state registries, business directories, and the internet to catch unregistered marks that could pose a threat. These broader searches help to ensure that you have a comprehensive understanding of the entire landscape.
Mistake #4: Assuming an Abandoned Mark is Fully Clear
Just because a trademark is listed as ‘abandoned’ does not mean it’s safe to use. The previous owner might still have common law rights or plan to revive it. Using such a mark can lead to legal disputes. It is important to investigate the history and current use of the mark to understand the risks fully. A trademark search can help to alleviate this area of concern.
Mistake #5: Simply Giving Up On a Trademark With Minor Potential Conflicts
Finally, finding a similar mark does not always mean you should abandon your chosen trademark. Sometimes, the conflict might be minor or negotiable. A top-tier Florida trademark attorney can help determine the seriousness of the conflict and explore options like coexistence agreements, modifications to your mark, or other strategies to protect your best interests.
Schedule a Confidential Consultation With Our Trademark Lawyer Today
At Perkins Law, our Florida trademark search lawyers are standing by, ready to conduct a comprehensive search. Have questions about the trademark search process? We are here as a legal resource. Contact us today to set up your completely confidential initial appointment. With a law office conveniently located in Boca Raton, we work with clients all over Southeast Florida and nationwide.
