Written By: Gabriella Fortugno (IP Lawyer)
What is a Trademark Clearance Search?
A trademark clearance search checks if your business name, logo, or brand is already being used or registered by someone else in your industry or region. This search helps identify potential problems before you start using or registering your trademark.
Why Should You Do a Trademark Search?
If you don’t check your trademark in advance, you could run into serious issues like:
• Accidentally using a name or logo that someone else has trademarked.
• Being forced to stop using your name or logo in certain places.
• Having to rebrand your business entirely, which can be expensive and stressful.
Investing in a trademark search early can save you money and help avoid problems later. For example, if you’ve already spent money on branding, marketing, or website design, finding out later that you can’t use your trademark could mean starting over from scratch.
When Should You Do a Trademark Search?
You should conduct a search when:
• You’re creating your business name, logo, or product name.
• You’re launching a new product or service.
• You’re expanding into new regions or countries.
Do I Need a Trademark Search in Every Country?
Yes. Registering a trademark in one country doesn’t protect it in another. You also might not be allowed to use your trademark in other places if it conflicts with existing ones there. For example, the retailer Target faced delays and legal costs in Canada because a similar trademark was already registered in Canada by another company.
What’s the Difference Between a Trademark and a Corporation Name?
A trademark protects your brand (name, logo, or both) and makes it unique in your industry. It gives you exclusive rights to use it with your products or services.
A corporation name, on the other hand, is just the legal name of your company. Having a registered corporation name doesn’t automatically protect it as a trademark or stop others from using a similar name.
Takeaway:
A trademark search is an essential step to protect your business and brand. It ensures you can use your name and logo without legal trouble and avoids costly rebranding later. If you have questions or need help with trademarks, contact us today!
