Yes. The examining attorney will search the USPTO records to see if a conflict exists between the mark in your application and another mark that is registered or pending in the USPTO. He or she will also look for other marks that might be confused with yours. The USPTO does not provide preliminary searches for conflicting marks before an application is filed.
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The principal factors the examining attorney uses to determine if there would be a chance of confusion include:
- The similarity of the marks
- The commercial relationship between the goods and/or services listed in the application (what "class" the marks are in)
To find a conflict, the marks do not have to be identical, and the goods and/or services do not have to be the same. It may be enough that the marks are similar and the goods and/or services related.
If a conflict exists, the examining attorney will refuse registration on the ground of likelihood of confusion. If a conflict exists between your mark and one in a pending application that was filed first, the examining attorney will notify you of the potential conflict. If the first application registers, the examining attorney will refuse registration on the ground of likelihood of confusion.