What should I do with the search result?

Route 1 - Do it yourself:

  1. Limit your search to live trademarks, relevant markets and classes. Still have an extensive hit list? Try to exclude really common words from your name.
  2. Go through every registered trademark that made it into the search result and judge by their description of goods and services if they are being used for anything related to your business.
  3. Conduct web-based research on those trademarks you think are being used in a similar or related area to what your company will do.
  4. Ask yourself now if the two trademarks really are similar. Is there a risk for likelihood of confusion? To find the real problems, the Markify search algorithm returns some hits that real people will not find to be similar.
  5. If, after conducting your research, there still is a similar registered mark remaining in your market in a related line of business, then you have three options:
    1. Abandon your name and start over with a new or modified name. A tough but often necessary decision.
    2. Get expert advice. A trademark expert will basically perform steps 1-5, but he or she will do it based on years of experience and may see things from a different perspective. Sometimes a deal can be made with the trademark holder.
    3. File for a registration and hope that it will pass. This is very risky if you've already found similar marks you think might pose a problem.

Route 2 - Get advice from a trademark expert:

If you don't want to do it yourself, you should get help from a trademark expert.

Disclaimer:
These help articles do not constitute legal advice and should not be relied upon as such. These articles set forth general educational principles only. Consult with a lawyer about your particular case.

Markify is a name-screening tool and there is no guarantee that it will find all potentially conflicting trademark registrations or that the found "similar" trademarks will pose a problem in the naming matter at hand.

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