Trademarks for Startups

Trademarks are valuable intellectual property that allow a company to create a brand identity. One of the first steps taken by any startup company should be to hire an intellectual property attorney to conduct trademark clearance and registration.

Trademark clearance is a process by which the attorney searches all available sources to make sure the client’s intended marks are not in use by another company. This serves multiple purposes. The first purpose is that it helps to protect the client from exposure to infringement lawsuits. If another business is using a mark that your company begins using, you may find yourself subjected to cease-and-desist orders, lawsuits for damages, and even a requirement that you surrender some of the profits made from the use of the mark.

Another purpose of trademark clearance is to protect you from wasting your time and money building recognition and goodwill for a brand you cannot protect. Building brand identity is one of the most important and difficult tasks for a new business, and there is little more devastating than to spend time and money creating a brand identity in your market only to find that the brand is not protectable or has been protected by someone else.

Trademark protection is useful for companies of all sizes, from the very big to the very small. Trademark law is a complex blend of federal statutes, state statutes, and common law that is very difficult to navigate other than by an experienced trademark attorney. A qualified trademark attorney will help you properly classify your goods or services, conduct a thorough search of all registered and unregistered users of similar marks, and help you navigate the complex and potentially lengthy process of protecting your company with proper registration.

Contact the Indiana business attorneys at McNeelyLLP to protect your business from having your trademark infringed and from suits for unintentional infringement against others.