Q: Why can't I find a trademark that labeled as registered on the USPTO web search?
While doing additional research on my purposed trademark I found another company with the same name and spelling which was labeled as registered. I was surprised to find them and using a registered mark since they were not listed on the USPTO. How could this be? This company is in another country tho. Should I be concerned? Am I better off abandoning my purposed name?
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A:
I believe you mean "proposed" and not "purposed." I cannot fully understand your question so here are some general statements:
1) a registered trademark confers on the registrant a presumption of ownership over the mark.
2) the nature, scope, and strength of the registered mark is dependent largely on how famous the mark has become, what industry or industries the product or services associated with the mark are in, and whether the name is commonplace.
Without more specifics of your case make it impossible to give any further clarity to your situation, you can feel free to reach out to me via email if you want to begin a dialogue with more specifics.
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