Trademarks are essentially images that represent brands. Many companies have a single trademark that represents the entire organization. Other, larger businesses may register a variety of different trademarks for each of their subsidiary brands.
Trademarks can be creative images. They can be logos that are graphic representations of certain words, including the company’s name or an acronym. Registering a trademark protects a company’s right to the sole use and control of that image. It helps prevent competitors from producing knockoff products or duplicating the company’s packaging to trick consumers.
The process of registering a trademark is relatively complex, and businesses generally need to conduct extensive research before they file a trademark registration request with the United States Patent and Trademark Office (USPTO). Many businesses outsource the work involved in trademark research and registration because of how difficult it is to complete.
Why is trademark research difficult?
Researching trademarks is far more difficult than people generally realize. There are thousands of registered trademarks already on record with the USPTO. Any new trademark has to be different from those already registered.
Particularly when the businesses are in the same industry or adjacent ones, there may be concerns about the likelihood of confusion among consumers depending on the design of a trademark. Looking similar in shape or overall appearance can create a likelihood of confusion. So can registering a trademark that may sound the same when spoken aloud.
The process of researching before registering a trademark requires the careful analysis of other trademarks to ensure that the USPTO can accept the new trademark as a unique representation of a brand. The amount of research required could overwhelm those who are not familiar with the process.
Additionally, trying to handle trademark research without prior experience could lead to oversights and mistakes that result in the USPTO rejecting an application. Organizations typically outsource the process to expedite the application and improve their chances of success. Additionally, they can then rely on the lawyer who assisted with the research and registration process to support them during any enforcement that may be necessary due to infringement by outside parties.
A registered trademark is an important step toward creating a unique brand identity. Securing the right assistance when researching and registering a trademark can help companies that want to develop their brands.