Avoid costly trademark conflicts before you apply
Before you spend time and money applying for a federal trademark, make sure the mark is available.
Why do I need to search other trademarks?
If you're currently using or plan to use a trademark, it's always a good idea to see if there are similar marks that could be confused with yours, or might affect your ability to use and protect your trademark. If there are potentially confusing trademarks registered with the USPTO, those could affect your chances of registering your own mark. Also, if there are any potentially confusing marks already in use by businesses—even marks that haven't been registered—these could affect your ability to register or use your trademark.
What is considered a trademark conflict?
A conflict exists when one trademark is confusingly similar with another trademark already registered and/or being used in commerce. The principal factors used to determine if there would be a chance of confusion include:
- The similarity of the marks
- The commercial relationship between the products and/or services
In some cases, trademarks that may seem similar can coexist if they're unlikely to confuse a consumer. For example, two trademarks that may seem similar can both be allowed if they're used for unrelated products or services, and are therefore unlikely to cause consumer confusion.
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