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TRADEMARK RESOURCE

Is Your Brand Actually Protected —

Or Just Unclaimed?

A cease-and-desist letter, a competitor with a similar name, or an unexpected rebrand can expose gaps you didn’t know were there. Answer 5 quick questions to see where your brand stands.

Trademark Brand Risk Assessment

1. Are you currently using your business or brand name in commerce?

Yes, I’m actively using it

Not yet, but I’m planning to soon

I’m not sure what counts as “use in commerce

2. Have you searched to see whether your name or something similar is already in use?

Yes, I completed a comprehensive USPTO, common law, and state search

I checked Google and/or domain availability

No, I haven’t searched yet

3. Do you use a logo or stylized branding?

Yes, and it has been cleared or registered

Yes, but I’ve never checked whether it conflicts with another brand

No, I don’t currently use a logo

4. Are there other businesses using a similar name?

No, and I’ve checked

Not that I know of, but I haven’t really checked

Yes, and I haven’t taken any action

5. If you received a cease-and-desist letter tomorrow, would you know what to do?

Yes, I already have legal counsel or a plan

No, I’d probably panic and wouldn’t know where to start

I’d probably just change the name

Trademark Risk Score

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