Starting a small business is exciting. It takes a lot of work to generate a profit and part of that hard work includes preventing any possible infringements. Infringements can cause unnecessary lawsuits that are avoidable by completing thorough trademark in-use investigations.
Since your bottom line is likely to turn a profit, it is imperative to protect yourself from any lawsuits, including those for infringement.
Because of the sensitive nature of trademark in-use investigations, it is wise to hire people who have experience in the area. A quick Google search or database scan will not suffice in such instances. Hiring a well-versed Private Investigator to perform a trademark in-use investigation for your new small business can spare you from future infringement lawsuits.
Trademark in-use investigations are also popular with attorneys seeking assistance in clarifying matters such as distribution channels through geographic scope. This information is helpful when building an infringement case against another company who obviously did not perform a trademark in-use investigation prior to launching.
While it is important to have a trademark in-use investigation performed for any new products that are on the agenda, it goes far beyond the tangible. Other areas that would benefit from an investigation include, but are not limited to:
- Company Name
- Slogan
- Logo
The trademark in-use investigation will even bring up defunct companies’ trademarks along with those still in business. This will guarantee that no rights are infringed upon in the past, present, or future.
You can expect the following during a trademark in-use investigation:
- Date of first use
- Goods or services being offered
- Trade channels and scope of use
- Determine trademark abandonment with documentation
- Gather infringement samples
- Verify existing licensing agreements or cease and desist warnings
- Identify any infringement
- Determine if the trademark in question is useable
Keep in mind, these investigations can work both ways. If you suspect another company is infringing upon your small business trademark, a trademark in-use investigation will help to gather the details needed to submit as evidence.
If you have any questions or concerns regarding trademarking, please contact us at CIAPI and we will be happy to answer any questions.
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome. Individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an attorney to understand current laws and how they may affect a case.