Graphics and logos can serve as a representation of a company’s brand. These images can become the company’s trademark and can help set it apart from competing businesses. Trademarks can be an important component of the branding process.
Organizations attempting to use a trademark typically need to register the image meant to represent their organization with the United States Patent and Trademark Office (USPTO). The USPTO maintains records of established trademarks that can help companies protect their brands and market share from encroachment by other parties. Before applying for registration with the USPTO, business applicants hoping to trademark an image must conduct thorough research.
The USPTO provides a thorough database
There are records of registered trademarks that those applying for registration can review. Searching the database for similar trademarks and logos can be a complicated process. Those conducting the search process have to look at other trademarks in the same industry and adjacent industries.
No two companies offering similar goods or services should have trademarks that create a likelihood of confusion. Some people may have an unrealistically restrictive idea of what similar goods or services actually are. For example, according to the USPTO, a brand that sells specific items of clothing at a brick-and-mortar location cannot have a similar trademark to an online company that sells shoes.
The search process needs to verify that no comparable business has a similar trademark already registered. Similarity can stem from appearance, such as using the same words. Images that are notably similar to existing trademarks may also not be eligible for registration.
Even the way the trademark sounds when spoken aloud could create a likelihood of confusion. If there appears to be a likelihood of confusion, then the USPTO is likely to deny a trademark registration request. The research process often takes weeks to complete, and those who are unfamiliar with the process could miss critical information that could cause complications in the future.
Many organizations choose to outsource the trademark research stage to outside professionals familiar with trademark law and registration. Securing appropriate assistance when developing and registering a trademark can make a major difference for a brand.
