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Horror Story #2 "Forewarned is Forearmed - Increase Your IP IQ™ Protecting Against Trade Mark Stoushes " continued....

So where did Jeanne and John go wrong? To avoid this dilemma, all they had to do was get a smart trade mark attorney involved in their business plans early on. The attorney would have searched to ensure their chosen name was actually available, and if there was clearance, a powerful trade mark application would have been filed. Finally, the attorney could arrange scheduled monitoring of new trade mark and business and company name applications to ensure that competing businesses don't get an opportunity to develop their own rights in the same name over time.

In most cases, here's what we recommend when starting new businesses:

1. Start with a professional trade mark search to ensure your chosen name is actually available to you in the first place. We also recommend searching other databases and online search engines, to find businesses that are operating but have not filed a trade mark application. This is when the "Jeanne and Johns" of the world are discovered, and a decision must be made as to whether or not to use the same name.
   
2. File a professionally prepared trade mark application if your trade mark attorney's search shows that your name can be protected, act swiftly and approve the filing of the trade mark application immediately. Hundreds of new applications are made each week, and you want to grab the name while its still available.
   
3. Monitor new business and company names because ufortunately a lot of well meaning and savvy business people do not understand the difference between company and business names and the trade mark system. It is vital to catch them early on and stop their use of your name before they grow into a considerable competitor.

Please note none of the above is legal advice. Each situation is different and a tailored approach is recommended.