Why Is Search So Important?
Here's why you should never, ever apply to register your trademarks without having someone who knows what they're doing conduct a proper comprehensive trademark search for your brand:
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You may hear me say, "trademark search, trademark search, free trademark search." Every single video that I do has this idea that you should start the process with a free trademark search. So here is why this is a good idea, why you should not file a trademark without doing the trademark search. Here's the answer: The trademarking process is very long. All right? It takes 18 months in Canada on average, 14 months in the US on average, 12 months in Europe, even more than that in Australia. It's not that you file a trademark, and very quickly they're going to tell you yes or no. I wish that was the case, but it isn't.
So what happens during this time after you filed your trademark? You're probably going to start using it. You're probably going to start investing money in promoting the brand and building it up, hoping that as you do it, the whole thing with the Trademarks Office still goes through, and your trademark gets registered. But what if you file a trademark that has no chances of being registered, and you don't even know about that? What happens is that ... So in Canada, it's eight months, before you even hear back from the Trademarks Office for the first time around. In the U.S., it's four months. So all of these months, you've been pretty much working with your eyes closed. You have no idea what's out there. Maybe there are similar trademarks out there. Maybe your trademark is descriptive. Maybe there's some other obstacles for getting your trademark registered you don't even know.
So, again, the thing with trademark registration, trademark applications that don't go through is not just that you can't register your trademark successfully, it's that sometimes you can't even use it. And why would you spend your time, money, and energy trying to build up a brand that you can't own, that you can't use? So that's why ... Really, that's one of the biggest benefits of working with Trademark Factory, is that without spending a dime, you know exactly whether or not your brand has a decent chance of going through. And, yeah, whether you do it with us, whether you do it with somebody else, that's really not the point. Getting that information, it's all about information gathering in evaluating your chances, always make sure that before you adopt a brand, before you launch a brand, and certainly before you apply for a trademark, you do a trademark search to know what's out there.
Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.
See our answers to other frequently asked questions about trademarks or leave your comments below!
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