Why You Should Do a Trademark Search Before Starting a Business

Trademarks are a symbol of the identity of your business. The original names, phrases, symbols, logos, and designs that you create for your business help to identify your products and services. Consumers will be able to distinguish your offerings from that of competing businesses largely thanks to memorable trademarks.

In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. However, there may be an even stronger reason to apply early.

Your application for a trademark is typically accompanied by a comprehensive trademark and name search. This means that you will search the USPTO database, as well as local and state databases, to ensure that your proposed name isn’t already in use by somebody else in a similar industry/field.

When you apply to be an LLC/corporation, the state will verify that your name is available within that state, but it doesn’t check to see what’s happening in the other 49 states. Unless you perform a comprehensive trademark search, you run the risk of accidentally infringing on someone else’s name.

If that happens, you can be ordered to stop using your name immediately, and all the hard work you put in to building your brand name in the market will fly out the window.