Information is Power
Information is power. When you are adopting a new product name, you need information to make informed decisions and minimize the risk of problems down the line. Problems can, and generally do, cost thousands of dollars and negatively impact all of your efforts to successfully launch the new product. A simple trademark search can provide you all of the information you need to make informed decisions about your branding.
A professional trademark search does more than check the USPTO database for the exact name (a direct hit search). Did you know there are 50 state databases that must be checked as well? Did you know that unregistered marks can be a barrier to registration? A professional trademark search checks state and federal trademark databases as well as the 50 state corporate databases and major domain name registrars. Not only is the exact mark searched, but also ones that might be confusingly similar. For example, When I searched TruVu as a potential mark, my search criteria included “true”, “tru”, “vu”, “vue”, “*tru”, “tru*”, “*vu”, “vu*”, “view”, truth”, and many others. The use of the wildcard “*” allowed me to expand the search to include larger words or word combinations that include the partial root.
There is another step that you may be lacking in a DIY Search: Analyzing the identified marks to determine if they pose a barrier to registration or not. There are many factors and principles of law to apply while making the evaluation. Working with a professional trademark searcher, you can obtain critical information to help shape your brand strategy. Information is power. Get accurate information to make sound business decisions. Guessing can be costly down the road.
Tracy Jong has been an attorney for more than 20 years, representing restaurants, bars, and craft beverage manufacturers in a wide array of legal matters. She is also a licensed patent attorney.
Her book Everything You Need To Know About Obtaining and Maintaining a New York Retail Liquor License: The Definitive Guide to Navigating the State Liquor Authority will be available next month on Amazon.com as a softcover and Kindle e-book.
Her legal column is available in The Equipped Brewer, a publication giving business advice, trends, and vendor reviews to help craft breweries, cideries, distilleries and wineries build brands and succeed financially.
She also maintains a website and blog with practical information on legal and business issues affecting the industry. Follow her, sign up for her free firm app or monthly newsletter.
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Tracy Jong Law Firm