More Top Tips Before Starting A Business

One top-tip for someone who is about to start their own business is to make sure that their brand/business name is available to be used. This can be done by conducting a comprehensive trademark search through experienced trademark counsel. The search has two benefits. First, it will tell you if there is anyone else out there who is using the same or a similar mark for a related business. This is important because if someone else is using the same or a similar mark for the same type of business, you could wind up on the receiving end of a cease and desist letter. Knowing what is going on in the marketplace will allow you to create a business name/brand that does not infringe on someone else's rights (since the test for infringement is whether are likely to be confused, the fact that your name is not identical to someone else's does not mean you are not infringing).

The search is relevant for another reason. Assuming that the name/brand is available for use, the search will give you an idea of what obstacles, if any, you might encounter in the Trademark Office if you file a trademark application. It is better to find out ahead of time than to submit an application and have it rejected by the Trademark Office based on someone else's trademark registration.