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Investigation necessary before creating a trademark identity

When forming a business in Colorado, naming the business represents an important first step. In many cases, the business owner will want to trademark the name or elements of the products or services to create a brand identity separate from competitors. Before making a final decision, the business person must determine if the soon-to-be-trademarked identity is not already in use.

Naming a business or product the same as another business could lead to legal problems because of trademark infringement. Even if the company with the same or similar name engages in a completely different type of business, the company that copied the name would be at a legal disadvantage. A charge of infringement could obligate a company to change its name and internet domain address, which could undermine previous marketing efforts and produce financial setbacks.

To avoid these problems, an entrepreneur should thoroughly research trademarks and names. If research reveals no conflicts, the trademark should be officially registered. This will establish a legal claim to the intellectual property. A company can further reinforce ownership of a trademark by using it on all company communications, including stationery, invoices, signs and websites.

An attorney could assist a person in the process of creating a trademark and defending it from infringement. Research of existing trademarks could be conducted by an attorney. Once a unique identifier is chosen, the attorney could prepare the paperwork to register the claim. Going forward, the attorney could watch for infringement that might arise. If another company attempts to trademark a similar name, then the attorney could file a Notice of Opposition and challenge the registration process. If a dispute arises, then the attorney could manage the arbitration and litigation necessary to resolve the trademark violation.

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