As you establish a venture, one crucial step you must do is naming your company. Yet this process can lead you right into the trademark infringement landmine. No matter what the size of your business, there's always a risk every time you name a product, brand, service and even your company. To avoid trouble and headache in the future, there are some steps you must take to guard your business against trademark infringement.
With the increasing number of trade names, it is important that you take certain steps to cut the risk of trademark infringement. A trademark is a word, phrase, icon or design or combination of these that makes your business different from other companies, service providers, brands or products. To avoid trademark infringement, there are three steps you should take to secure your business: trademark search, trademark registration and trademark maintenance.
Avoid yourself from "falling in love" with the first name you have in mind for your company unless you have made sure that it is not being used by another registered company. Initially, you can use search engines such as Google, Yahoo and your local search engine to know if there is another business entity that is already using the prospect name for your company.
Another thing you must do is to conduct a common law trademark search, and this includes searching databases, directories and other sources. Hiring a trademark search service will also reduce the weight of your job in finding similar company names. If you are sure that there are no identical names as yours, the next thing to do is to register your trade name so other companies won't get the same name as well.
Filing a trademark application is the most crucial step in acquiring protection for your trademark. Moreover, names which have identical or confusingly akin versions to an already registered trademark would comprise infringement. As your business progresses, there is a need in maintaining or upholding your registered trade name. To do this, you can apply the name on brochures, invoices, websites and other materials. You may also find it necessary to meet with a trademark attorney regularly to fully protect your company from trademark infringement.
With the increasing number of trade names, it is important that you take certain steps to cut the risk of trademark infringement. A trademark is a word, phrase, icon or design or combination of these that makes your business different from other companies, service providers, brands or products. To avoid trademark infringement, there are three steps you should take to secure your business: trademark search, trademark registration and trademark maintenance.
Avoid yourself from "falling in love" with the first name you have in mind for your company unless you have made sure that it is not being used by another registered company. Initially, you can use search engines such as Google, Yahoo and your local search engine to know if there is another business entity that is already using the prospect name for your company.
Another thing you must do is to conduct a common law trademark search, and this includes searching databases, directories and other sources. Hiring a trademark search service will also reduce the weight of your job in finding similar company names. If you are sure that there are no identical names as yours, the next thing to do is to register your trade name so other companies won't get the same name as well.
Filing a trademark application is the most crucial step in acquiring protection for your trademark. Moreover, names which have identical or confusingly akin versions to an already registered trademark would comprise infringement. As your business progresses, there is a need in maintaining or upholding your registered trade name. To do this, you can apply the name on brochures, invoices, websites and other materials. You may also find it necessary to meet with a trademark attorney regularly to fully protect your company from trademark infringement.
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