You want to ensure that your trademark is “unique” or strong enough to avoid a likelihood of confusion and to be legally able to be registered at the United States Patent and Trademark Office (USPTO). 

There are some ground rules that are established by the USPTO that can help you to understand just how “unique” the trademark has to be and what’s required of it to be considered registerable as a trademark.

When you apply for a registration for your trademark, the first thing that will be necessary is for a trademark search to be completed. 

For this to happen, an attorney will be assigned to investigate.  The examining attorney, as they are called, will then search the United States Patent and Trade Office records to ensure that your trademark is not similar to another’s pending or registered trademark.

The attorney is looking at your trademark in comparison to others. 

Is there any conflict? 

Is there any likelihood that someone could be confused when they look at your trademark and a trademark of another?

If there is anything that could be found in the records of the USPTO and the mark that is recorded on your application, your application will be refused.  The USPTO will also use this application process to determine if your trademark is too much like one that is pending approval as well.

What They Look For

The examining attorney will consider several aspects in relation to your trademark.

• The similarity between your mark and the other marks already on file and those that are pending is considered first and foremost.

• The relationship between your trademark and the goods and services that you list on the application.

What gets confusing for a person that is filing for a trademark is what is considered the same or similar?  It only takes the trademark to be similar to that of another trademark for the process to be stopped. 

In addition, it only takes a service to be related to another to cause the trademark to be stopped.  Goods and services that are too closely related in relation to their trademark are conflicting as well.

Does your trademark conflict with others? 

Schedule a consultation to learn more about your options to protect and enforce your trademark.