- Why Search Your Trademark?
- The Timing of Your Trademark Search
As a good general rule, it is important to conduct a trademark search before you actually use your trademark. Not only will a search flag any prior trademarks that you could be infringing, it can give you an overview of the uniqueness, or, conversely, the ubiquity of your chosen trademark in your industry. If you choose to change your trademark because of legal or strategic marketing reasons, it will happen at a point before you have committed a significant amount of resources to developing your business and your brand.
However, you may be already using your trademark. Or you may be investing in a large promotional campaign before you start using your trademark in the marketplace. Then it may be more helpful to consider conducting a trademark search at other points before or after you start to use your trademark, times where you are making a significant commitment, whether in terms of time, money or risk, with your trademark, such as:
- before producing goods or packaging that display the trademark
- before implementing a large marketing and advertising campaign
- before applying for the registration of the trademark
- before buying a business whose goodwill includes a trademark
- before expanding into a new industry