Our trademark attorney suggest that you perform a trademark search before applying for a trademark. The purpose of the search will be to help determine whether a “likelihood of confusion” exists, i.e., whether any mark has already been registered or applied for at the USPTO that is (1) the same OR similar to your mark; and (2) used on related products or for related services. Note, identical marks can be registered to different parties if the goods and/or services are in no way related, e.g., for computers and soft drinks.
Our trademark attorneys may save you from future costly legal problems by conducting a comprehensive trademark search of federal registrations, state registrations, and “common law” unregistered trademarks before you file your application. A comprehensive trademark search is important because other trademark owners may have protected legal rights, in trademarks similar to yours, that are not federally registered. Therefore, those trademarks will not appear in the USPTO’s Trademark Electronic Search System (TESS) database but could still ultimately prevent your use of your proposed or already used mark. Our trademark attorneys can also help you during the application process with several things that could seriously impact your trademark rights, such as determining the best way to describe your goods and services and preparing responses to refusals to register that an examining attorney may issue. Most importantly, our trademark attorneys can also assist you in the policing and enforcing of your trademark rights. Remember, you are responsible for any enforcement of your trademark.
The trademark office provides a brief explanation about “likelihood of confusion,” including examples, click here. We do not suggest you file for a mark that may lead to a likelihood of confusion rejection.
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