02 Feb Trademark Registration is NOT guaranteed.
It can be easy to get excited about your company’s new Trademark, but before you get too attached to the mark it is important to remember that registration is not guaranteed. Registration may be refused for many reasons, but there are two things you can do to better your chances of success:
1- Hire an attorney that focuses on Trademark and Intellectual Property Law.
2- Make sure that your attorney conducts an initial assessment and if financially feasible, a comprehensive search for competing marks
One of the most common reasons that Trademark registrations fail is that there is a “likelihood of confusion” between the potential mark of the applicant and either a registered mark or a previously filed pending application that was filed by another party.
There is no absolute black and white test that is used to determine whether “likelihood of confusion” exists for a trademark, but there are a few main points reviewed by the USPTO in order to determine whether “likelihood of confusion” exists:
· are the marks are similar?
· are the goods and/or services of the parties related in a way that a consumer would mistakenly believe that they came from the same source?
Each application has non-refundable fees and registration of the mark is decided based on the specific applications facts. Therefore, before filing, it is very important to research whether a proposed mark is likely to be confused with another mark, as well as to determine the strength of the proposed mark.
The best way to increase the likelihood that your Trademark registration is successful is by hiring a trademark attorney.
A good trademark attorney can assist you in researching your mark before you submit an application. Experience and knowledge can be extremely valuable during this process. An experienced trademark attorney works in this field on a daily basis and will know the most comprehensive ways to search for competing marks. The attorney can help you conduct a comprehensive search of federal, state, and “common law” unregistered trademarks. This assistance can help you avoid costly legal problems in the future and lower the risk of future claims against your company.
Along with assisting in a comprehensive trademark search a trademark attorney will also represent you in the application process, making sure that you successfully fulfill all of the necessary steps in the application process which ultimately will provide better protection of your trademark rights. An attorney can provide legal advice before, during, and after the registration of your trademark and can help you fully comprehend the scope of your rights as the trademark owner and advise you on the best ways to enforce and protect your rights after the registration of your mark.
Creating and registering your Trademark can be enjoyable and rewarding. It can be one of the most fulfilling steps in seeing your company come together and it can help your company really stand out in the crowd. However, to better ensure that your trademark’s registration is successful, take the time to both search for competing marks and find a great trademark attorney to assist you in assessing the strength of your mark. Good luck!