First, you need to ensure its availability. Before adopting or using any trademark or service mark, a search of marks in use for related goods and services can determine whether your proposed mark is available for your use or has already been adopted and used by another source.

Conducting such a search BEFORE using your proposed mark can save a lot of time, money, and disappointment -- and help you avoid being sued for infringing upon another's trademark.

This is where a trademark attorney can begin to help you. An experienced trademark attorney can conduct the necessary searches and provide an analysis of availability for the trademark you're considering adopting before you spend a penny implementing it.

Secondly, you need to use that mark in connection with your goods or services. Ownership rights to a mark begin to be established by actual use of the mark.

Generally, the first to use a mark for a particular product or service, or for related products and services, is the owner of that mark. However, you should be aware that when someone else has filed an "intent to use" application in the trademark office for a similar mark prior to your own adoption or filing, that person has a right to acquire a registration, effective as of the prior filing date, by making use of the mark within a certain time frame.

Availability searches should help you avoid this problem.

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