Problems arise when a business launches a software app, for example, with a particular mark only to discover that a confusingly similar mark is already being used by another party in the context of a related product. In an early stage, a company can adopt a new mark for their product without much trouble. But, after a company’s mark begins to earn goodwill and consumer recognition in the marketplace, it can be considerably more painful to adopt a new mark down the road after receiving a competitor’s cease and desist letter. Companies can offset this risk by engaging trademark counsel to conduct a comprehensive trademark search before a company goes live with their new product or service.
Professional trademark searches can often be a prelude to seeking a federal trademark registration. Even before seeking trademark registration, comprehensive trademark searches provide entrepreneurs with better insight as to whether their proposed trademark would boldly stand out as a distinctive mark in the marketplace or whether it would be drowned out in a crowded field of similar marks in the same field. Good decisions only come from having good information.
Jason Cotter is a patent attorney at the law firm of Archer & Greiner P.C. He regularly counsels clients in matters of trademark, patent and copyright protection. For more information, Cotter can be reached at JCotter@ArcherLaw.com.
DISCLAIMER: This advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.
Published (and copyrighted) in South Jersey Biz, Volume 6, Issue 4 (April, 2016).
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