Protecting intellectual property often requires formal federal registration. Each type of intellectual property has different rules in place. Companies can take steps to copyright creative works, patent new products and register unique trademarks.
Trademarks are images or logos that represent brands. Companies file a registration request with the United States Patent and Trademark Office (USPTO). Typically, thorough research must occur before registration, as otherwise the business is at risk of having its application rejected.
What makes pre-registration research so challenging when trying to legally protect a trademark?
Any confusion can lead to failure
Trademark registration generally requires a unique logo or image. It cannot be substantially similar to an existing trademark for a similar company. Those starting new businesses or growing existing ones often look primarily at their local competitors and other businesses within the same state as they develop a business plan.
The name they select and the trademark they design may be different than any other used in the same state. However, the USPTO requires a review of all existing trademarks in all states. There could be existing trademarks that are similar enough to cause confusion.
If a trademark is likely to create confusion among consumers, then the USPTO may reject the request to register it. Confusion can come from similar names, similar designs or even logos that sound similar if people read the words included in the logo allowed.
Securing support while researching before trademark registration can be helpful for business leaders who may find the process overwhelming. With adequate support, an organization can better market itself to consumers and protect its branding.