Many of my clients ask me what they should do when first creating a brand. The very first thing you want to do is to search for the proposed brand name on Google or some other search engine to see if someone else is already using it for the same types of products or services you plan to offer. If it appears that there is no one else using the same brand name for the same types of product or services you plan to offer, then the next thing to do is to see if there is a domain name available containing the same brand name. That will at least give you some idea of whether someone else is using the same brand name as you plan to use for the same products or services.
I cannot tell you how many times clients have come to me and told me that they have a great brand name only to find out that the domain name is already taken. That can create havoc and confusion for your customers if they cannot locate you through a domain name that matches your brand name. If you pass these two steps, then the next thing you should do is contact my firm to get a trademark clearance search conducted.
A trademark clearance search is are very important part of conducting your due diligence to ensure that no one else is already using the same brand name for the same or similar types of products and services you plan to offer. It is highly recommended you have a trademark clearance search conducted for the proposed brand or mark because it may save you the time and expense of hiring an attorney to file a trademark application only to discover that your application will most likely be refused based on a likelihood of confusion with either a pending trademark application that is ahead of the line or an already existing trademark registration. It also may protect you from getting involved with costly litigation, so you will be able to make an informed decision as to whether operating in the marketplace under the new brand may expose you to a lawsuit.
Bernstein IP conducts comprehensive trademark searches, which includes the US federal, state, common law, Canadian, UK, German, EU, and WIPO trademark databases. We also check top level domain names. Unlike some companies that use non-lawyers to conduct trademark searches, you will receive an opinion letter from a real trademark lawyer.
For further information on having a trademark clearance search conducted with an opinion letter analyzing your new brand, please contact Bernstein IP today.
