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Trademark Search – Myth #9

As long a trademark search shows that there are no other pending applications or registrations with the U.S. Patent & Trademark Office for the same mark in connection with the same goods or services, we’ll be ok!

This is not necessarily true.  A full trademark search matters! Just because a word or design is not registered with the U.S. Patent and Trademark Office, doesn’t mean that no one claims rights to it.  Users have common law rights beginning on the date of first use.  Searching for “common law” users prior to applying for Federal registration really matters!

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