Is a search of U.S. federal and state trademark databases enough to uncover a possible conflict?
24 October, 2018
Not necessarily. In the U.S., someone can have “common-law” trademark rights simply by being the first to use that mark in business — no registration required. Someone with common-law rights can challenge your use or registration of your trademark. For these reasons, it’s a good idea to check beyond state and federal registries, such as registered corporate names and use on the internet. Interested in ordering a U.S Full Search which includes common-law, web common-law, business name, and domain name sources? Contact us.