ARTICLE
4 October 2013

3 Trademark Tips For Entrepreneurs

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Lewis Roca

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If you’re just launching a new business, there are a few things you need to consider before getting too far along in the name game.
United States Intellectual Property

If you're just launching a new business, there are a few things you need to consider before getting too far along in the name game.  Sure, you may have come up with what may well be the most brilliant brand in existence.  Ever.  BUT, before you go slapping that name on everything from shipping labels to stationery, here are three important tips to guide you down the path to building a strong and successful brand identity.

Trademark Tip #1: Clear your mark, clear your mark, AND clear your mark.

By "clear" I mean hire an attorney -- with expertise in trademark law -- to conduct a full trademark search that contains third party references from a variety of resources throughout the country, including federal, state, and common law (unregistered) uses.  Beware: a quick, or even not-so-quick peek on the Internet is not sufficient.  I understand that you are likely watching every penny, but it's wise to spend a little up front on proper trademark clearance to insure that there is no one else using the same or a similar name for a similar product or service.  If you get too far down the road, it could be disastrous if you end up having to re-brand, destroy all of your merchandise, and invest in all-new marketing materials, or worse -- defend your business from a trademark infringement claim.  The cost to properly clear a trademark is far less than the cost of a lawsuit.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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