Jan
Why do a Trademark Search?
Eric Willison, Esq., trademark attorney at searchmytrademark.com
1. Avoiding unnecessary expense. It costs money to trademark something. There is no point in trying to do so if what you are seeking to use as a trademark has already been trademarked by someone else.
2. As a preliminary step to getting a mark. Something that has already been trademarked cannot be trademarked again, so without a search, there can be no registration of your mark.
3. Revealing the need for an alternate mark. Just because someone else has already trademarked your idea, you needn’t give up. It’s just that now you know that you need to come up with something else and you can promptly start upon that task.
4. Avoiding litigation. If someone else has already registered what you
wish to trademark, your use of it could infringe upon their rights, giving
rise to a costly lawsuit. Knowing where the landmine is has always been
the best way to avoid stepping on it.
5. Policing your mark. Even after you have registered your mark, you must check around from time to time to see if anyone else is trying to use it inappropriately. If you discover someone using your mark without your permission, they may try to defend themselves by arguing that you never tried to protect your mark, thus you have abandoned it. But doing a search every now and then, you can show the court some evidence that you have been vigilant and diligent in protecting your mark.
