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A trademark need not be federally registered to be protected. An owner may attain an automatic common law right to a mark only by using the mark. A common law search is a way to find usages of a mark, which may indicate potential common law rights as well as potential trademark infringement liability for the applicant. Defending a trademark infringement lawsuit is very expensive. Many lawsuits can easily cost a defendant tens or hundreds of thousands of dollars in attorney’s fees alone. In view of this, a common law search may be a worthwhile investment. It is best to have a common law search done by a professional who has access to highly specialized databases containing possible common law usages. Wissen Research can perform such a comprehensive search. Contact us to schedule a free consultation.
A common law trademark search could help companies avoid the likeliness of trademark infringement that may appear at a later date as there might be brands that are not in the Government official records.
Conflicting brand names, logos, and trademark could be detrimental to businesses as it defames the worth of a brand. No matter whichever side you are in, it may lead to monetary loss and hence it is important for businesses to avoid it right at the beginning. Doing a common law trademark research could help companies ensure that they are not devaluing product of other companies and/or their own.