A nice piece on trademarks and trademark clearance searches from my Klinedinst colleague, Sam Strohbehn. http://wp.me/p4jZaw-L via @wordpressdotcom
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…
View original post 654 more words