Tips from Centra Lawyers

How can a Business Avoid Adopting a Trademark which is Confusing with another Trademark?

The best way to try to avoid conflicts with earlier trademarks is to have a trademark search done. An experienced registered trademark agent can offer preliminary advice before doing the search. It may be advisable to have a few alternative trademarks ready.
After the search is done, the agent gives an opinion as to whether or not the trademark appears to be available for registration. It may take considerable experience to decide whether a trademark is confusing with one found in the search, particularly if the marks are similar and their goods or services are also similar. Search results are not completely reliable though. There is some risk that conflicts with other marks will be found later.
To start a search, the agent needs to know the trademark itself and the goods and/or services the mark identifies or will identify.

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