It is interesting when I read a lot of articles or blogs about picking the right name/logo as your

business’ brand but it is very little on the due diligence that each new entrepreneur should

conduct before he/she start using a mark. First of all, before a mark is finally selected and used in

commerce, it is VERY, again VERY important to make sure nobody has prior rights over an

identical or similar mark in connection with similar products or services. If so, the trademark

owner of the prior mark can send you, if you are lucky, a cease and desist letter demanding you

to stop using your mark. Yes! They can do that. Especially if the prior mark has been duly

registered with the local Trademark Office. At that point, all your investment will go to the

trash. Can you believe it? Changing you mark once all your marketing materials have been

published..!!! Devastating..!!

In severe cases, the trademark owner will file a lawsuit in order to obtain legal damages which

will cost you an arm and a leg. Unless, you enter into a settlement agreement with the other

party, which again, it may cost you several thousand dollars.

My recommendation is to always check if your proposed mark is available for use in connection with your products and/or services. How do you do this? In the United States, all the registered or pending marks are listed in the United Trademark Office’s database (TESS). This means that you can check if your proposed mark is similar o identical to a registered or pending mark in connection with your goods/ services of interest. In other countries, some local trademark offices have public access to their trademark database. Other Trademark Offices, they may not have public access or they charge for this services.

Now, if you find a similar or identical mark in connection with the products or services of your interest, I will suggest you to find an alternative name. It is better to be safe than sorry!