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ARTICLE · 29 MAY 2019

Clearing Trademarks: Back To Basics With Practical Tips And Tricks

Seyfarth Shaw LLP
Seyfarth Shaw LLP
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Seyfarth Shaw LLP

Seyfarth Shaw LLP

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In this article, Amy provides strategies for avoiding potential pitfalls surrounding the use and registration of a trademark.

United StatesIntellectual Property

Clearance is one of the touchstones of trademark portfolio management. Conducting even a simple search of the trademark register and common law use online can save clients a lot of time, money, and headache. Sometimes the cost of clearance (be it attorney fees for running initial clearance, ordering third-party investigations on relevant use references, or vendor searches) or a client's attachment to a particular brand name deters them from completing clearance. The temptation to "simply file" or start using a mark materializes with a host of unintended consequences, not the least of which is receipt of a demand letter from a prior registrant or user, or even service of a complaint.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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