When an entrepreneur envisions a new business, he or she will likely have a few guiding principles about that business. Often times, one of the first ideas that forms in an entrepreneur’s mind is the name of his or her company. The company’s name and the image of the products it will offer become the basis of new ideas, and when those ideas are truly unique and valuable to the public, or the intended clientele, the name of the company and all of its product imaging become invaluable to the future success of the entrepreneur. It is vital that small business lawyers advise their clients to research the availability trademarks as early in the business formation process as possible.
Knowing the value of the basic details, many new business owners are eager to trademark their company name and as many of the product ideas they offer as possible. However, the process of obtaining this legal right is difficult. Understanding what a trademark is and how to perform a US trademark search are two details that must be established for the new business to move forward.
A trademark is a symbol, word or words legally registered or established by use as representing a company or product. A search is conducted of the United States Patent and Trademark Office (USPTO) and reveals any contents that may conflict with an entrepreneur’s current trademark. The information found regarding a prior trademark is often written in legal language, and hard to understand, leaving the business owner confused about the state of his or her potential trademark.
Because knowing what to look for during a proper search is a difficult process, and requires a vast background of legal knowledge, entrepreneurs are advised to consult professional trademark attorneys. These legal professionals have spent years studying, researching and inquiring the USPTO and they understand the important minutia of trademark law. Moving forward without a lawyer when trying to establish a trademark may lead to a number of undesirable consequences.
Commonly, a new business owner thinks he or she has developed such a unique product identity that it is impossible for someone else to have considered the same name or image. While this person may truly have a great idea, he or she cannot assume that his or her idea was the first of its kind. Only after a thorough US trademark search of the USPTOs database, with the help of a licensed attorney, will the person know if his or her idea was truly original.
In the event of a new idea, the entrepreneur should, by all means, hurry to trademark his or her company name, logo, or idea, to keep it safe for the future development of the company. With a registered trademark in place, and the guidance of a trained attorney, the trademarks that form a foundation for a new company will begin the storied success of that business for the future.