The Answer: The Earlier, the Better!
More and more we are seeing companies in the games space having to change the names of their studios or games – or having to pay a prior rights owner for the right to keep using the name. Why? Usually it’s because the companies in question did not file to register their trademarks early enough.
Trademark registration is more than just a legal formality; it’s essential to the protection of a brand. When deciding on a name – whether for a business or a product – due diligence is crucial. Doing one’s homework early on can prevent complications and unnecessary expenses down the road.
Before publicly using a name or investing heavily in branding, companies should ask two critical questions:
- Have the rights in the name been properly cleared?
It’s essential to ensure that no one else has prior rights in the chosen name that could conflict with the company’s planned use of it for that class of goods or services. A trademark professional can help by performing a customary knock out search to identify potential risks related to the name.
- Has the company secured the exclusive rights to use the name?
Once the name is cleared, the next step is to lock it down, ensuring no one else can claim it for a similar product or service.
This is where an intent-to-use trademark application becomes incredibly useful.
In the U.S., a company cannot officially register a trademark until it is being actively used in commerce. However, even before launching a product or service, a company can file a trademark application on an “intent-to-use” basis. A company is eligible to file an intent-to-use trademark application as long as they have a bona fide desire to use the name in connection with the applied-for goods or services. This enables the company to protect its rights in the name from the day the application is filed, even if the product or service hasn’t yet gone public.
By taking this proactive step, companies can safeguard their brand’s identity and prevent others from launching a business or product with the same name before they do.
If you have questions about trademarks or protecting your brand, we can help.
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