When you choose a business name, you might be ready to buy the domain for that name right away. There is one important step that you need to do between choosing a name and doing anything with it. You need to verify that there isn't someone who already has the same name or a name that is so similar that your business name would cause confusion.
Trademark infringement is something that is taken very seriously. In the case of domain names, you have to make sure that the domain that you choose won't be mistaken for someone else's domain. This can be difficult to do, but doing the trademark search is an important step that can help you to protect your business in the future.
You must know that the trademark doesn't have to be registered to have legal protection. When trying to determine which trademark is the one with the protection, it comes down to which business used the trademark first.
Think about the website flickr or tumblr. Have you ever wondered why these companies have misspelled names? The answer is partially because the misspelling sets the trademark apart from other similar companies. This is one way that you can ensure your company is protected.
Ultimately, taking the time to plan, even if it delays your progress a bit, can help you to protect your company. Think about how much time, effort and money it would take to completely have to revamp everything about your company based on a name change that is necessary due to a trademark infringement issue.
The author's opinions expressed in this article are strictly his/her own and should not be attributed to any others, including other attorneys at Klein DeNatale Goldner or the law firm as a whole.