11/10/2004

Clear Name Before Using

From Patent Pending:

"So often, a startup will choose a name, and not do a trademark search on the name. A year or two later, they get a cease and desist letter from me, because I have a client that has a Federal trademark registration on that name. They may have invested a lot of time money and effort in promoting the trademark, and that investment will be lost. They will have to change the name.

When choosing a name, it must be cleared of conflicting Federal, state (all 50 of them) and common uses, and it must have a domain name available. Don't proceed without checking for conflicts in those areas, and then secure the domain name and file a Federal trademark application."