Consider these factors to avoid trademark infringement issues

copyright-patent-trademarkAs a business that wants to establish itself as a serious contender in any niche, it requires a trademark that consumers can easily identify with. A trademark ties a company to its product or services. While a trademark is easy enough to come up with, you can face trademark infringement issues unknowingly. This can be a disaster for your company especially if you have used the trademark for long.

To protect your company from trademark legal issues, you should ensure that before you take on a trademark, it is not already one in use with another company. it should also not bring conflict in future. The good news is that you can get help from trademark attorneys that will help in establishing and registering a trademark to avoid any future legal tussles.

Here are some of the factors that should be on your mind as you take steps of developing your unique trademark.

Existence of similar marks

You should consider if there exists similar marks to the ones that you choose. This is possible by carrying out a search to identify it. A trademark could be a logo, a name or just a set of letters. An attorney with search resources can help you find out if there is a similar mark elsewhere that may be in conflict. Sometimes the trademarks search is not to just check for similarity of marks but it also checks how conflict may come in in form of connotations.

Similarity of goods and services offered

Trademarks link to goods and services. You may settle on a common mark but its use is in a totally unrelated product or service. You should therefore be on the lookout for marks that are in your particular niche. This is because they may bring about the greatest conflict. It is important to stay away from common marks as it may bring legal issues should a company in a totally unrelated niche decide you are riding on its popularity.

Perception of the mark by potential consumers

This is perhaps the greatest concern. You should get a unique mark that means should all the goods of your niche are put together, consumers can easily pick it from the ack. Similar or close to similar marks may see the consumers not easily pick up your products but may even erroneously pick up your competitors’ products. A unique mark not just protects you from legal issues but helps in easy product identification by potential consumers.

Ability of the mark to create real confusion

A confusing trademark will work against your business as earlier seen. One of the ways that it can create confusion is where consumers may link a product to a brand that is not its source. For example, a brand that consumers identify with motorcycle tire parts may be linked to poor quality bicycle parts under its mark but it does not produce. It may even negatively affect its sales of its legitimate products because the consumers may always link the brand to poor quality. Such concerns should also be on your mind as you come up with a trademark for your business.


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