The rollout of the Washington Commanders’ brand recently hit a snag when the United States Patent and Trademark Office (USPTO) denied a number of the team’s applications to register the trademarks COMMANDERS and WASHINGTON COMMANDERS. As you can see from this recent NBC Sports piece, there are other trademark owners who can claim rights in similar marks which, the USPTO believes for the time being, could result in a likelihood of confusion.
While there is nothing to suggest that the trademark attorneys advising the Commanders failed to conduct a clearance search and/or were unaware of the other marks that are causing the current delay, the current situation does give occasion to discuss trademark clearance in general, and why it is an important step for businesses to take in their branding and marketing efforts.
Avoiding problems down the road. Trademark clearance is an essential step for any company before adopting and using a new trademark. Conducting thorough clearance with the help of legal counsel helps ensure that there are no other brands already established in the marketplace that could potentially conflict with your company’s proposed mark. By performing a comprehensive clearance of the federal and state registers as well as the common law arena, businesses can seek to avoid legal disputes, potential damage to their reputation, and costly rebranding efforts down the line. It is part of a proactive approach to protecting intellectual property rights and securing a strong brand.
Making informed decisions. The marketplace is crowded with numerous brands and trademarks, making it crucial to conduct a comprehensive trademark clearance search. A clearance search involves examining existing trademarks, both registered and unregistered, in relevant jurisdictions and industries. By identifying potential conflicts early on, businesses can make informed decisions about adopting a particular mark.
Building strong brand identity and credibility. Trademark clearance also contributes to building a strong brand identity and reputation. By conducting clearance searches, businesses help can ensure that their chosen mark is distinctive and unique. This promotes brand differentiation, allowing companies to establish a strong market presence and stand out from the competition. Moreover, conducting clearance research demonstrates professionalism and a commitment to respecting the intellectual property rights of others, which can enhance a company’s reputation and credibility in the eyes of consumers and business partners.
Simply stated, trademark clearance is a vital process that helps businesses assess the viability and uniqueness of a proposed mark before adopting and using it. By conducting thorough clearance research, companies can mitigate the risk of infringing on existing trademarks and potential legal disputes. It allows businesses to make informed decisions about their branding strategy, protecting their intellectual property rights, and building a strong and reputable brand in the marketplace. The investment of time and resources in trademark clearance is an essential step toward long-term success and brand protection and can help companies avoid finding themselves on the receiving end of a refusal to register like the Washington Commanders are currently facing or, even worse, a federal trademark infringement lawsuit.
