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Trademark Search for Conflicting Marks

It is recommended that you get comprehensive search for conflicting marks prior to the filing of a trademark application. Should the USPTO deem another trademark to be confusingly similar to your trademark, they may refuse registration of your trademark and will not refund your filing fee. In addition, the likelihood that your application will encounter problems is greater if you choose not to conduct a search.

You are legally liable for any trademark infringement that occurs, even if your infringement was not intentional. Trademark infringement may result in your company being liable for damages caused by the infringement and could result in the loss of your trademark. A trademark search is the only way to ensure that your mark is not infringing upon another's trademark and can safely be used to market your products.

An in-depth search should involve searching the following databases for similar trademarks:

1. Federal applications and registrations filed with the USPTO;
2. State applications and registrations filed in all U.S. states;
3. Common law sources such as trade journals, business directories, and yellow page directories.

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