IS YOUR TRADEMARK AVAILABLE?
Before you invest thousands of dollars in marketing, advertising, and branding, it’s important to make sure that your trademark is available. Using a trademark that is registered or being used by another entity can result in costly trademark infringement litigation and a trademark rejection based on likelihood of confusion, and wasted money. Understanding trademark infringement, trademark registration, and common law trademark rights is key to conducting a proper search. Did you know that you can infringe an unregistered trademark just by using a word that sounds similar, even if it’s spelled differently, or a logo that looks similar? Unregistered trademark owners have the right to stop confusingly similar uses. Trademark infringemnet doesn’t require that the trademarks match so long as there is a likelihood to confuse the customers.