Registering a trademark with the United States Patent and Trademark Office (USPTO) is a key step in business development and branding. Companies use their trademarks on their packaging, on their social media platforms and in advertising campaigns.
The process of registering a trademark is far more complicated than business leaders may initially recognize. The research process, in particular, is often time-consuming and relatively challenging. Those unfamiliar with the process could easily overlook similarities that could lead to the rejection of their applications.
Trademarks should not confuse consumers
A trademark has to be unique within a particular industry or a group of industries that provide related services or products. The research stage of trademark registration can extend for weeks in some cases. Applicants must look into existing trademarks and determine whether the image or logo they intend to use as a trademark is adequately different from existing trademarks.
A number of different similarities can cause a likelihood of confusion. In some cases, the appearance of two trademarks may be largely the same. For example, companies with similar or identical names operating in different states may not be able to trademark logos using just their names in different fonts.
The dominant visual elements of a trademark, such as a mascot or logo, could also create a likelihood of confusion if there is a similar image used in a previously-registered trademark. Finally, even the way the trademark sounds when spoken aloud could create a likelihood of confusion. Business leaders and even in-house counsel may not be able to properly navigate the trademark research process.
Companies registering for trademark protection often bring in outside support for that process to prevent delays and denied applications. Outsourcing research and other aspects of the trademark registration process to experienced professionals is often faster and more cost-effective than attempting to manage the process internally.
