CONDUCTING A TRADEMARK SEARCH

A trademark clearance search is an integral step in the trademark selection process that enables the trademark attorney to evaluate the availability and registrability of a proposed mark. A clearance search is an essential tool, because in the United States, trademark rights are acquired on a first to use basis. This means that an individual or an organization acquires trademark rights by being the first in a given market to use the mark. Once those rights have been acquired, the trademark owner or “senior user,” has the right to prevent a subsequent or “junior user” from using confusingly similar marks in any manner that is likely to cause confusion amongst consumers (i.e. trademark infring

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This trademark blawg is edited and authored the Cooper Legal's staff. The contents of this blawg are for informational purposes only and should not be relied on as legal advice. Please feel free to contact our office if you have any questions regarding your specific legal needs.

 

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This practice is limited to matters and proceedings before Federal Courts, the District of Columbia and Maryland.