Expert and personal trademark searching, filing, registration and protection for start-ups, entrepreneurs and app developers
While the USPTO may grant you a Federal trademark registration and cite your mark as a bar to registration of a subsequently filed trademark application for a similar mark, you still need to pro-actively police your mark for infringement.
First, the USPTO may believe that the subsequently filed mark does not create a likelihood of confusion with your mark or the USPTO may miss your mark when conducting its likelihood of confusion search.
Second, the USPTO does not search common law or non-pending or registered USPTO marks. The USPTO only bases its determination on prior applications or registrations on the USPTO trademark database. Consequently, U.S. Trademark Law requires a trademark owner to pro-actively police its mark with the USPTO and in the marketplace. Failure to police one’s mark may eventually lead to loss of trademark rights.
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TrademarkAuthority is a service exclusively licensed to Pearl Cohen Zedek Latzer Baratz LLP ("Pearl Cohen"), an intellectual property law firm located in New York, NY, that provides personal and expert trademark and copyright legal services covering the U.S., Europe, Canada, Australia, Mexico, Japan, China and many other countries throughout the world. This Web site may be considered Attorney Advertising. The information provided on this site is not legal advice, but general information on legal issues relating to trademark searching and registration. Prior results do not guarantee a similar outcome.
TrademarkAuthority was founded by an expert trademark attorney and former U.S. Trademark Office Examining Attorney who has over twenty-two years experience representing clients on a variety of trademark and copyright law issues. Our legal services include trademark searching, filing trademark applications, responding to USPTO Office Actions, filing Statements of Use, representing clients before the U.S. Trademark Office, Federal and State courts, maintaining trademark registrations, monitoring, policing and enforcing trademark rights and filing copyright registrations.