Anybody that is introducing a new brand identity, or is planning on offering newly branded services or products, should take the necessary steps to protect their trademark.
It can take up to 10 years. Also, the registration can easily be renewed so long as you have made sure to maintain an uninterrupted use of your trademark in interstate commerce.
If you have a federally registered trademark, you will be able to use the ® symbol. For every other mark, whether unregistered or registered, you will not be required to add a designation. However, we always advise mark owners to attach the ‘SM’ or ‘TM’ symbol to let the industry know that your company name, logo, or symbol is proprietary to your services or goods.
You can easily stop someone from using your trademark if you can prove that you were the first user of the trademark and that both names are bound to create confusion among consumers. Of course, the Federal Registration will have a better mechanism to stop infringers. You will also have common legal rights to stop them while you conduct legal business.
Hire a professional to perform a ‘clearance search’. There are 2 basic kinds of clearance searches. The first one is called a ‘preliminary knock-out search’ whereas the second one is called ‘full search’. Each of them has a different purpose and each case will determine whether it needs one or both.