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James D. Crosby, Attorney at Law. Complex and General Business Litigation and Trial Representation. San Diego, California. O: (619) 450-4149 C: (858) 705-0083 Email: crosby@crosbyattorney.com

The Importance of Early and Effective Trademark Clearance Searches

James D. Crosby, Attorney at Law - Complex and General Business Litigation and Trial Representation - San Diego, California

A nice piece on trademarks and trademark clearance searches from my Klinedinst colleague, Sam Strohbehn. http://wp.me/p4jZaw-L via @wordpressdotcom

Strohbehn IP

Trademark protection in the United States operates on a first-come first-served basis.  All things being equal, if you are the first to use a given mark for a good or service in a geographic area, you’re going to have exclusive trademark rights to that mark for those goods and services in that area.

By the flip-side of the same coin however, if you’re looking at naming a new product, company, or service in a given market, you better make sure that there’s no one out there already using the same or similar name for the same or similar goods and services, aka a senior user.  If there is, and you proceed with using the name anyway, sooner or later it’s going to cost you.  That cost could come sooner, in the form of a threat of litigation from the senior user if you don’t stop using the mark.  Or it…

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