A trademark attorney plays an essential role in helping businesses choose and protect a brand name that won’t create legal problems down the road. While selecting a name can feel like a creative decision, it is also a legal one, and getting it wrong can be expensive.
The Risk of Skipping a Clearance Search
Many business owners in Kansas City rely on Google to check name availability. But is a Google search enough to protect your brand?
Without a proper clearance search, you could:
- Receive a cease-and-desist letter
- Be forced to rebrand after launch
- Lose money invested in marketing and design
A trademark attorney identifies risks before you commit to a name.
Searches Go Beyond Google
Trademark attorneys perform comprehensive searches. These searches review:
- Federal trademark registrations and pending applications
- State trademark records
- Common law trademarks
- Similar names that sound alike or have similar meanings
This process uncovers conflicts that are easy to miss online.
The Problem with DIY Trademark Filings
Many do-it-yourself trademark applications are rejected. Common mistakes include:
- Listing the wrong owner
- Misidentifying goods or services
- Choosing the wrong filing basis
- Misunderstanding trademark classifications
A trademark attorney in Kansas City prepares applications correctly from the start. This reduces delays and rejections.
Understanding “Likelihood of Confusion”
The United States Patent and Trademark Office (USPTO) often rejects applications due to “likelihood of confusion.” This means consumers may think two brands are related.
The USPTO looks at:
- How similar the names look or sound
- Whether the goods or services are related
- How the brands are marketed
A trademark attorney evaluates these risks before filing.
Why Federal Registration Matters
Federal trademark registration offers strong protection, including:
- Nationwide rights
- Public notice of ownership
- Strong enforcement options
- The ability to take legal action in federal court
Without registration, your rights may be limited.
Real Disputes Happen
Many businesses in Kansas City discover problems only after receiving a cease-and-desist letter. At that point, changing your brand may be the only option.
Early legal guidance helps prevent this outcome.
Ongoing Protection Is Important
Trademark protection does not end after registration. Monitoring helps detect:
- Conflicting trademark filings
- Unauthorized brand use
- Potential infringement early
A trademark attorney helps protect your brand long term.
Protect Your Brand with Bateman IP
Your brand is a valuable business asset. Protect it the right way.
Contact Bateman IP today at 816-897-0507 to schedule a consultation and safeguard your brand.