Conducting a Trademark Search FAQ
To find out whether you're legally permitted to use the name you've chosen for your products and services, you must conduct a trademark search.
Why do I need to conduct a trademark search?
You need to determine whether another business is already using a trademark that's identical or similar to the one you want to use, to ensure that you won't violate someone else's trademark rights.
The consequences of failing to conduct a reasonably thorough trademark search may be severe, depending on how widely you intend to use the trademark and how much it would cost you to change it if a conflict later develops.
If the trademark you want to use has been federally registered by someone else, you will be precluded from using the trademark in any context where customers might become confused as to the source of your products or services. Also, a court will presume that you knew about the trademark registration -- even if you did not. This means that, if you do use the trademark improperly, you will be cast in the role of a "willful infringer." Willful infringers can be held liable for large damages and payment of the registered owner's attorney fees; they can also be forced to stop using the trademark altogether.
Should local businesses care what trademark someone else in another part of the country is using?
Short answer: Yes. Now for the long answer: After the Internet took hold in the late 1990s, the concept of location took on a whole new meaning. Instead of being rooted in physical space, businesses now jockey for location in cyberspace. Vast numbers of businesses -- even local enterprises -- have put up their own websites, creating a new potential for competition (and confusion) in the marketplace.
Because of this, every business owner must pay attention to whether a proposed trademark has already been taken by another business, regardless of that business's physical location. Even if your business sells products or services only to local customers, a competing out-of-state business (with a similar trademark) may be trying to sell products or services to your customers.
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