Why a Podcast Trademark Search is a Crucial Prep Step to Launching
Rather watch than read? I got you.
By the end of this post, you will know why I think a podcast trademark search is a crucial prep step before launching. Hint: it comes down to saving you money and stress down the line. So here we go!
What a trademark search uncovers
So how can a trademark search ultimately save you money and stress before launching your podcast? First, it'll tell you if somebody else is already using that name in connection with a podcast. You could argue that by using it in connection with a podcast (regardless of subject matter), there's potential for confusion. And if you've ever searched for a podcast on Apple podcasts or Stitcher , you know it can get confusing if you're looking for a podcast based on a name!
So again, a search will tell you if someone else already using the same or similar name. This ultimately saves you money and stress. How? If there is someone else using a similar name in connection with the podcast, you could save yourself from the experience of being on the receiving end of a cease-and-desist letter. And this rolls into reason number two...
Eliminate the surprise, and stressful scramble, from a cease-and-desist letter (to the extent possible)
It can be very stressful to be on the receiving end of a cease and desist letter. And if you have a trademark search done on the front end, that can save you the stress of finding yourself on the defensive and having to scramble when you receive a cease-and-desist letter. Of course it's impossible to guarantee results 100%, but a search should uncover the obstacles that are out there. It's worth spending a little money on the front end to save you from spending a lot of money on 1) an attorney to handle the cease and desist and related settlement, 2) a potential rebrand, and so on.
A podcast trademark search can help identify whether your chosen name is protectable
Let's say there is someone else using a name similar to yours and connect with a podcast. In fact, let's say there are TEN others using a name similar to yours. By using that name, it could be hard for you to police or protect your name from use by others when there are already ten others. So a trademark search can tell you the extent to which the name is used by anyone else. This can uncover whether you will have a hard time protecting your chosen name from use by others.
And yes, a trademark search can tell you whether there are any roadblocks to trademark registration. But ultimately, you can save yourself some stress and money in the form of having to scramble, rebrand, and maybe being on the receiving end of a cease and desist letter. Also, from a value standpoint, it can help to be sure you're choosing a name that is protectable.
I hope this helps you understand why I think a trademark search is a crucial step before launching a podcast.