Trademark Search & Opinion

Before adopting or filing for a trademark or service mark it is advisable to have a search run and to receive an opinion whether the mark is available for registration.  Considering that a mark is to be used to identify goods and/or services, having a search conducted and obtaining an opinion will increase the likelihood that the mark can be used and protected.  There is little reason to adopt a mark if it cannot be used or protected.

A search will entail considering registered and pending marks, seeking to identify any that might create a likelihood of confusion with the proposed mark.  The search frequently will also entail a search of business names and other common laws uses that might preclude use and/or registration of the proposed mark. 

Having a search conducted and obtaining an availability opinion is a good first step when preparing to introduce a new mark for a new or existing product.

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