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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