Usually, a business that has a new product will hire a trademark search agency to report on whether the new product name likely will infringe. That probably is overkill for many website or app developers, small business owners, or bloggers.
Most likely, it’s possible to do a pretty reliable search by assessing the services or products provided inside your industry (typically achieved online), then following this up with a search of the database with the United States Patent & Trademark Office.
Go Broad
Within all these searches, you’ll need to go as “broad” as you can. For instance, if you are an app developer, you must consider every software product because that’s the class with which you may register and additionally because a trademark owner will acquire rights not merely for its goods yet also for services and goods that it’s likely to offer. For instance, it may be expected that a game online might be ported to an iPhone.
Search for Variations
Lastly, the search ought to locate significantly likewise variations on a mark. For instance, if a popular blogger is utilizing the named DogMan for creating content on and promoting a variety of dog photographers, he’s have to browse that name and gender variations (“DogWoman”), plurals (“DogMen”), sound-a-likes (“Dawgman”) and may foreign translations.
If Similar Mark Already is in Use
If the search determines that a desired mark or significantly similar mark already is being used, you might want to rethink that mark choice. Frustrating as it is, it is better than shutting your eyes to your competitors and hoping for the best. Not searching – or acting on what you find in a search – may have costly consequences. If you’re in a hurry to publish and market a name while a likewise trademark already is being utilized by your competition, the competitor might obtain a court order that prevents your using the trademark, and you also may need to pay attorney fees and monetary damages. When in doubt, consult our Trademark attorney in Long Island.
