Trademark Searches and Trademark Insurance

One of the things that I find helpful to discuss with clients is the need to have trademark insurance. I bring up this issue not because I wish to stress out clients, but because I think it’s important that a client be aware that there can be liability associated with their mark if for some reason their mark is found to have infringed on someone else’s mark. This is also a predominant reason why I encourage clients to have a professional search done by a company such as Thompson. The search can be costly at the outset, but in the long run, $500-$3000 (depending on the type of the search- whether the search is merely the name of the product, the search includes a phrase or the search includes a logo), it’s a small outlay to avoid litigation, when you figure that you have to have $50,000 in hand just to start litigation, and expect the cost to go up from there.

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