Are you wondering if your business name is available for use?
Many people do what they believe is a proper trademark search, think their name is available and then don’t know what to do next.
That is what we are going to talk about on today’s episode. What do you do after you have done a trademark search and determined that nobody is using your name.
Do you do nothing? Immediately file a Trademark Application? Something Else?
Today we answer all your questions so that you can get your brand protected!
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The Biggest Takeaways
- Just because you think you have done a name search and didn't find anything doesn't mean you have done a proper name search.
- The best way to insure your name is available is to hire a lawyer to help you do the search and then draft a legal opinion for you.
- Once you have received a green light on your clearance search, you must act quickly to get your trademark application filed. An old trademark search is a stale one.
- The Trademark Office is a “first-to-file” system. This means that the first business or person to file a trademark application for a certain name has priority over later filed applications.
- Having solid contracts in place to protect your legal relationships is extremely important. For some lawyer-drafted templates that you can use immediately, click here.
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The content of this podcast episode is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this podcast episode for legal advice. Listening to The Legal Jim Podcast is not intended to and shall not create an attorney-client relationship between you and James W. Hart or The Hart Law Firm, P.A. d/b/a Hawthorn Law. Messages or other forms of communication that you transmit to this website will not create an attorney-client relationship and thus information contained in such communications may not be protected as privileged. Neither James W. Hart nor The Hart Law Firm, P.A. makes any representation, warranty, or guarantee about the accuracy of the information contained in this podcast episode or in links to other podcasts, resources or websites. This podcast is provided “as is,” does not represent that any particular outcome will result from listening to this episode. Your use listening to this podcast is at your own risk. You enjoy this podcast episode and its contents only for personal, non-commercial purposes. Neither James W. Hart, The Hart Law Firm, P.A., nor anyone acting on their behalf, will be liable under any circumstances for damages of any kind.