Clearance is one of the touchstones of trademark portfolio management. Conducting even a simple search of the trademark register and common law use online can save clients a lot of time, money, and headache. Sometimes the cost of clearance (be it attorney fees for running initial clearance, ordering third-party investigations on relevant use references, or vendor searches) or a client's attachment to a particular brand name deters them from completing clearance. The temptation to "simply file" or start using a mark materializes with a host of unintended consequences, not the least of which is receipt of a demand letter from a prior registrant or user, or even service of a complaint.
This article offers guidance on how to conduct trademark clearance, tips and tricks for searching the U.S. trademark register, things to consider in the event of a conflict (from a practical and ethical angle), and overall suggestions on how to effectively counsel clients through the trademark clearance process.
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Originally published by Landslide.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.