Trademark FAQs - related questions & answers

Question: Should local businesses care what trademark someone else in another part of the country is using?

Answer:
Yes. Vast numbers of businesses, even local, have put up their own websites, creating the potential for confusion in the marketplace.

Question: What is a common law search? How can I do one?

Answer:
A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers.

Question: I want to complain about a company. Can I use their name and logo?

Answer:
Yes. While trademark law prevents you from using someone else's trademark to sell your competing products, it doesn't stop you from using the trademark to refer to the trademark owner or its products.
 

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