People often ask why they need the comprehensive trademark search included in our service package.
One of the main reasons a trademark application can be rejected is because it is too similar to another mark. For this reason, we perform a comprehensive mark search in order to ensure that your mark cannot be confused with anyone else’s. Registering a trademark is a huge step for any business, and we want to bring any red flags to your attention as soon as we can.
As we research your trademark, there are three options we can explore if any concerningly similar marks are found.
Option no. 1: You can choose to register your mark, despite the red flags. We here at Indie Law will work with you to make sure you are aware of the risks and can handle the costs. Ultimately however, the decision is yours.
Option no. 2: This is by far our most common option. Instead of taking a risk, we can adjust your already existing mark. Indie Law will perform a complementary second search for you. After this search, we can work with you to modify your mark, adding elements from your brand or business. It could even be a new name! As brand strategists, this is a process we can quickly help you through so you don’t lose your momentum.
Option no. 3: The third and final option available to our clients is to go back to the drawing board. If you do not have another mark in mind and do not want to continue, you can stop. From there, we will reimburse you for everything but our first trademark search. This is neither popular nor recommended however, as you will lose any momentum you once had in the registration process.
Congratulations! If all has gone well you now have your mark. We at Indie Law, want you to get your perfect mark, put your business on the map, and sleep soundly at night knowing your business or brand is protected. We also know the process is long and can contain many pitfalls. Hopefully this article was able to answer some of your questions about the most common obstacle to your registration.
