Is it always good to check for keywords to know if it's trademarked?
Yes, checking for keywords is an important step in determining if something is trademarked, but it’s not always sufficient on its own. Here are some key points to consider:
1. **Trademark Databases**: Use official trademark databases, such as the United States Patent and Trademark Office (USPTO) or equivalent organizations in other countries, to conduct a thorough search for trademarks. This will give you a more comprehensive view of existing trademarks.
2. **Exact Match vs. Similarity**: Trademarks can be similar but not identical. It’s important to consider variations, phonetic similarities, and similar-sounding names, as they might lead to confusion.
3. **Industry and Class**: Trademarks are registered in specific classes related to goods or services. A keyword might be trademarked in one class but not another. Conducting searches in the appropriate class is essential.
4. **Common Law Trademarks**: Some trademarks might not be registered but are still protected under common law. This can happen if a brand is used in commerce and has established a reputation.
5. **Legal Advice**: Consulting with a trademark attorney can provide valuable guidance and help ensure you’re conducting a proper search and understanding the implications.
6. **Potential for Confusion**: Even if a keyword is not trademarked, consider whether its use might confuse consumers, as that could lead to legal issues.
In summary, while checking for keywords is a helpful starting point, a comprehensive search and understanding of trademark law are crucial to avoid potential infringement.