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Law Offices Of Marcia Devon & Associates Patent, Trademark, Copyright, Intellectual Property & Business Law
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To insure the best chance of registering your trademark our office recommends that a thorough trademark search be conducted to determine if the proposed mark is available for use. A search should be done as soon as a new trademark is proposed and before any significant expenses for development, advertising, or printing are incurred. If a mark is adopted without performing a search and it infringes another's trademark rights, it often becomes necessary to adopt a new trademark. We offer two options and will help you to determine which one meets your needs: 1. A computerized search of federal and state trademark registers. If this screening doesn't uncover similar marks, a broader search using a variety of sources can also be conducted. 2. A full search through a specialized trademark search agency and an international search may sometimes be appropriate. A search cannot guarantee that a proposed mark is not being used by another, nor that it does not infringe the rights of another, but it does provide some assurance and provides evidence that a mark is adopted in good faith. We will review the search results and make a recommendation as to availability of the proposed trademark.
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