Why do I need a “Common Law” search in addition to the federally registered trademark search?
The registered trademark search, while very comprehensive, only covers those trademarks that a federal registration has been sought for. Many other trademarks are in use by entities that have not sought a federal registration. Sometimes these trademarks are registered with state governments, but often these trademarks are not registered at all. If these trademarks are in use, are substantially similar to your trademarks, and were used in interstate commerce prior to your trademarks, you could have major problems down the road. Even if your trademark is approved for federal registration, the person or entity using the “senior” trademark could later challenge your registration and have it cancelled. Should this happen after you have invested a great deal of time and money into your trademark, the consequences could be disastrous. Our “common law” search may include searching all 50 states for trademark registrations, business information databases, such as Dun & Bradstreet and American B
Related Questions
- If the registered trademark has become famous in Japan, is there any way to protect the registered mark in addition to the trademark registration?
- Why do I need a "Common Law" search in addition to the federally registered trademark search?
- What is the difference between copyrights, trademarks, and patents?
