Due Diligence and The Preliminary Trademark Search Before Launching A Branding Campaign
An effective branding campaign begins by choosing a distinctive mark or logo to use in offering particular goods or services. The mark will ultimately give owners the ability to differentiate products and services in the marketplace from others. A strong mark also serves as a safeguard for consumers to identify the goods. It helps allow consumers associate a name with the quality of the products they purchase. As a result, strong brand recognition in the marketplace helps to build goodwill in the business. Before launching a branding campaign, it may be prudent to conduct a due diligence investigation. Due diligence includes at least a preliminary trademark search, if not a comprehensive search.
Preliminary Trademark Search of USPTO Records
A preliminary search typically includes a review of third-party marks that are identical or confusingly similar to the chosen mark. For example, one can utilize the U.S. Patent and Trademark Office (USPTO) for a search. The USPTO trademark database generally includes active and inactive marks.
Internet Search
Typically, a trademark search also includes an Internet search. Internet searches could reveal common law use of identical or similar marks. The Internet search results could require additional investigation, depending on the results uncovered.
Domain Name Search
The preliminary trademark search could also include a search of domain names that include identical or confusingly similar marks. For example, the trademark search could include using the “whois” domain name registration database from Network Solutions. The search results could require further investigation before launching a branding campaign.
Business Entity Search
The preliminary trademark search could further include a search of business entity and trade names. For example, the trademark search could include a search of a state’s Secretary of State records or a compiled database aggregating all fifty states’ business entity records such as a LexisNexis® database.
Comprehensive Trademark Search
In cases where a trademark search may be due in other databases or in foreign countries, a comprehensive trademark search may be required. The comprehensive trademark search could also include searches for a particular state, region, or industry.
About the Firm:
Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the IP law firm and its IP law attorneys may be found at www.klemchuk.com.
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