Can IPWatch definitely determine the availability of a trademark?
The USPTOs system of filing registrations prevents us from stating with absolute certainty that there are no identical or confusingly similar marks registered. Furthermore, registration is not a requirement in order to use a trademark. Accordingly, there may be confusingly similar marks in use that would preclude your use of a mark that a preliminary, or any other reasonable search, may fail to uncover. It is suggested that IPWatch perform a detailed search to check state registrations, domain names, and any companies which may be using even a portion of the mark as a trade name or brand name. There may be a risk of third party challenge or the USPTO may question the registerability of the mark because of the descriptiveness of the mark. We may develop significant arguments that could allow registration under these circumstances. However, because of the great amount of discretion given to the USPTO, we are unable to predict with certainty whether the USPTO would eventually permit regis
