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There once was a company named Zotz,

Which created toys for tots,

The newest toy, named Ketter™,

Recalled after a cease and desist letter,

Oh my, no trademark search, CEO Zotz?

CEO Zotz could have received the cease and desist letter from someone who owned a federal registration, a pending federal application or used the mark KETTER™ before Zotz established its own rights to the brand. Conduct a preliminary US Trademark Office and online search. If it doesn’t reveal the identical brand, conduct a comprehensive search. This is the only way to determine if there are any unregistered third parties who may oppose a trademark application or use of the mark in commerce.

First published in Inside magazine, NYSBA, Fall 2017.

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. Attorney Advertising.

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