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Q.Why is a trademark search necessary?
A.The most important reason to do a trademark search is to avoid liability from trademark infringement lawsuits. The second most important reason is to identify potential prior users, so you will not have to incur the time and expense associated with changing a name you have invested time and money in at a later date. Third most important reason comes into play if you are planning on registering a mark with a trademark office. If the mark you have attempted to register is the same, or "confusingly similar" to another company's registered trademark for the identical or similar goods and/or services, the application will be denied and the registration fees are non-refundable.
In addition to having a proper search conducted, it is also wise to obtain a a trademark search opinion from a competent trademark attorney. Such an opinion can be used as a defense in a trademark infringement suit, which can potentially shield the subsequent user of a registered mark from liability for "Willful Infringement" as opposed to "Innocent Infringement." A finding of willful infringement may result in a treble damages and an award of attorney fees and costs.
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