How to Prepare for a Successful Trademark Application
Blog By: Nicole Hetz
Have you been thinking of ways you can protect your brand? Do you have a clever name? a cool logo? a catchy tagline? It is time to talk about trademarks!
A trademark is a legally registered symbol, word, or phrase that represents a company or product. It helps consumers identify and distinguish the goods or services of one company from others. Trademarks can include names, logos, slogans, and even sounds, colors, and scents! They play a crucial role in branding and marketing, offering legal protection against unauthorized use by others. By securing a trademark, a business can build and maintain its brand identity in the marketplace.
Before filing a trademark application, we recommend conducting a Viability Search on the mark you are interested in registering. It's a proactive step that can enhance the success of your trademark application, as it will help us predict how the government may respond to your trademark application. By conducting a viability search first, we can prevent obvious refusals. We can set you on the right path regarding the classification of your goods and services, within the 45 classes given by the United States Patent and Trademark Office (the USPTO).
At Rational Unicorn, we approach things a little differently than other firms. We are proud of our due diligence and our capacity to inform our clients about potential risks in their application which could cause a refusal from the government, and allow our clients to decide if that risk is acceptable.
Performing a viability search on potential trademarks that may "sound or look confusingly similar" with the USPTO is crucial for several reasons:
Avoiding Conflicts: A search helps identify existing trademarks that are similar to yours. This can prevent potential legal conflicts and save you from costly disputes.
Assessing Registrability: It allows you to assess whether your trademark is likely to be approved by the USPTO. This can save time and money by avoiding applications that are likely to be rejected.
Informed Decision Making: With a clear understanding of existing trademarks, you can make informed decisions about whether to proceed with your application or modify your trademark to increase its chances of approval.
Cost-Effectiveness: Conducting a viability search upfront can be more cost-effective than dealing with refusals or legal challenges later on.
Strategic Planning: Knowing the trademark landscape helps in planning your brand strategy and ensuring your trademark aligns with your business goals.
This process involves both legal costs and government filing fees, and our goal is to be considerate of your budget while identifying the most secure path to successful registration.
We know how much your brand identity means to you, and we want to help you protect it. A viability search gives you clarity and confidence, saving you time, money, and unnecessary stress. By taking this step, you’re making sure your trademark has the best chance of approval -- and Rational Unicorn is here to guide you every step of the way!