Trademarks are an important part of a business. You want your company to stand out as unique. That includes not only the name of the business but also your unique logo. As a result, it’s a good idea to trademark some of your branding content. However, this isn’t always as straightforward as it sounds. Just ask the latest NHL team.

ESPN recently reported on a trademark denial by the US Patent and Trademark Office in response to an application from the Vegas Golden Knights (view the application and denial for yourself here). What is causing such problems for the NHL’s latest franchise? Apparently, there is a college in NY – the College of Saint Rose – that also uses the team name Golden Knights. How does something like this happen? Let’s take a look at 5 things that can make a difference when trying to acquire a trademark.

5 Factors to Consider when Trademarking Your Brand

Here are some important questions to answer regarding your trademarks:

  1. Is your trademark similar in sound, appearance, or connotation to an existing trademark?
  2. Is your product or service similar to that of the similar trademark? It may not be as big of a deal if you offer completely different services.
  3. Is the previous user of the mark famous? You’re going to have a tougher time to get a trademark similar to a Fortune 500 company than a mom and pop shop half way across the
  4. Have you been using the trademark for an extended amount of time without causing confusion? If so, you may be able to make a better case for keeping the trademark.
  5. Do you have consent from the company with a similar trademark? A written agreement can make it easier to trademark a similar name or image.

To learn more about trademarking and to get help in identifying your brand as unique, contact Pokala Law today by calling 1-844-695-1487.