Cincinnati, OH asked in Trademark for Ohio

Q: How can I determine if an old trademark is available for use without permission from the previous trademark holder?

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3 Lawyer Answers

A: You should consult with an attorney for a search and assesment of your risks.

In most cases your brand is the only asset your business has.

Protect it.

A: My colleague did not provide useful information, unfortunately.

A trademark search can and should be conducted before you begin using a brand in commerce. An experienced trademark attorney can scope a search to your relevant geographic and subject matters to advise you on the risks with taking on a new brand.

A: You may find owner/attorney information for registered trademarks on the USPTO website. You can also work with an attorney to assist you with conducting a trademark search to determine if your proposed mark (or a similar mark) is currently being used for the same or related class/category of goods or services.

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