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Trademarks
While you are not required to search for conflicting trademarks, doing so can be a good idea. Should there be any existing trademarks already registered that conflict with yours, your application will be denied and filing fees are nonrefundable.
Additionally, since trademarks can be created through common law by using the mark, it is also advisable to search for common law trademarks. It is less important to conduct a common law search. If you wish to do so, start with phone books, industrial directories, state trademark registers, or a search firm that can research conflicts for you.
You can also search for registered trademarks on the PTO's website: www.uspto.gov/main/sitesearch.htm.
Alternatively, you can use a professional trademark search company, such as LegalZoom, to research not only federally registered marks but also common law trademarks.
Learn more about LegalZoom’s Trademark Search service.
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