SEARCH

It is vital that before an applicant makes a substantial investment in the mark, the applicant conduct a search for similar, conflicting or prior marks. There are professional search firms that conduct very thorough searches at very reasonable prices. Professional advice should be sought in analyzing the meaning of the search results and the advisability of using and applying to register a mark

Unfortunately, the search conducted by the Trademark Office, in the course of its examination of the application, cannot be relied on. The Trademark Office has been known to make mistakes and register marks in instances where a third party, not found by the Trademark Office or the applicant, had superior rights to the mark. The later user, even though it was the owner of a registered trademark, had to cease using it, destroy packaging and advertising and promotional materials, create and implement a new mark, and pay damages and legal fees. The value of a thorough search cannot be understated