Considerations When Creating Your Brand

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I. Conducting a Clearance Search -

A clearance search is an investigation to determine whether a new trademark1 can be used without interfering with an existing, senior trademark. No matter how unique you think your new mark is, someone in the same, or a related, industry may be using a similar mark. The cost of a search, and analysis by an attorney, typically runs between $500 and $2,600 per mark. No search is perfect and not all senior users are reasonable. Even if you conduct a search and conclude all is clear, it is possible that a senior user may object to your use. Many businesses do not conduct clearance searches because they feel they are familiar with the market and a clearance search is unnecessary.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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