Should I Conduct A Trademark Search Before Using My Trademark?

It is generally a good idea to conduct a trademark search before using a new trademark in connection with your products or services. A trademark search can help you to determine whether your chosen trademark is available for use and whether it may be confusingly similar to any existing trademarks.

Conducting a trademark search can help you to avoid potential legal issues down the line, such as the risk of infringing on the rights of another trademark owner or the risk of having to abandon your trademark if it is found to be too similar to an existing mark. A trademark search can also help you to identify any potential conflicts or issues that may need to be addressed before you begin using your trademark.

There are a number of resources available for conducting a trademark search, including the USPTO’s Trademark Electronic Search System (TESS) and online trademark search services. It is a good idea to conduct a thorough trademark search that includes not only federal trademark registrations, but also state trademark registrations and common law trademarks (trademarks that are in use but are not registered).

In addition to conducting a trademark search, you may also want to consider seeking the advice of a trademark attorney or other professional to help you assess the availability and registrability of your chosen trademark.

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