our five-star client experience

Not exactly, and this is a common misunderstanding among many business owners. It is important to distinguish the difference between an official business name and a brand name. An official business name is the name your company uses on all official documents and communications regarding your business (e.g., tax filings, business licenses, government applications, etc.). Your brand name is the name your company uses to identify your products or services in the marketplace. Business names and brand names can be the same in some instances, but not all. 

State business registration offices do not cross-check name use availability against the USPTO’s trademark registration database, other states’ registration databases, or any other databases before granting authorization to use an official business name.  

Thus, you can still be infringing on someone else’s trademark rights by using your business name as your brand name in the marketplace—despite receiving authorization from the Secretary of State’s office to register your business name. 

Extensive trademark clearance searches are the only way to ensure that your business name is legally available for you to use in the marketplace in connection with your products and services. 

As a startup business ourselves, we know very well how quickly the costs of starting/running a business can add up! You may very well believe that you simply cannot afford to begin the trademark registration process at this time. But the reality is that you probably can't afford NOT to undergo the trademark process. Countless small businesses have had to completely rebrand or dissolve their businesses altogether because they did not obtain exclusive rights to use their brand name(s) and logos. (Basically, the copycats took over to a point where customers were confused, and it became financially impossible for the small business owners to rein the copycats back in.) 

Countless other small businesses have had to completely rebrand or dissolve their businesses altogether because they learned the hard way that they were infringing on someone else's trademark rights (hello cease and desist letters and lawsuits!).

The costs of rebranding and/or shutting down are typically more expensive than undergoing the trademark registration process. 

As a business owner, so many unexpected things will be thrown at you from left field that will be completely out of your control. This is NOT one of them. Give your business the peace of mind and confidence to grow because you know your status!

While running a quick Google search or basic/natural language search on the trademark office's website is a good start to figuring out whether your EXACT proposed brand name may be taken or not, these searches are just the tip of the iceberg. A much more extensive Boolean search is needed to truly determine if your brand name is available for you to use. Additional, several platforms outside the USPTO's database must be researched to conduct a thorough clearance search. Moreover, the test for trademark infringement is NOT whether two brands are exactly the same. The standard is whether the names, logos, etc. are confusingly similar--which is determined by case law and other trademark rules. Working with a knowledgeable attorney to ensure that your name, logo, etc. is available for use is critical.

While we know it can be jarring to receive a cease and desist letter, don't panic. You should never simply ignore a cease and desist letter, as this will not make it go away. Consult with an experienced trademark as soon as possible before responding to the letter. We would be happy to help!

This is definitely a tough blow for any business owner. But as with many things, taking a deep breath and resisting the urge to respond in a knee-jerk manner helps. After you have gathered yourself, consult with an experienced trademark attorney before responding to the impersonators. We would be happy to help!

The trademark process is a lengthy one, and it takes 12-15 months, on average, from beginning to end. Unfortunately, there is no "rush service" or other alternative to speed up the process. So, don't delay!