Asked in Trademark for Utah

Q: I was looking on the gov website and several trademarks there said they were canceled. What website is more accurate?

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2 Lawyer Answers

A: The USPTO website is the most accurate website for a U.S. trademark registration status. If the trademark listed was "canceled," then the first person to apply for that trademark and the same class/listing would become the new owner once the examination was completed.

Trademark clearance searches can be confusing, and I highly recommend using an experienced trademark attorney to perform one accurately. The USPTO fees are nonrefundable, and examination now takes approximately one year before you will even know if the trademark you applied for can be registered. The amount of money spent on branding, only to have to rebrand, is usually more than what a trademark attorney will cost to perform a clearance search.

James L. Arrasmith
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Answered

A: When dealing with trademarks, the most accurate information typically comes from official government databases. These databases are regularly updated to reflect the current status of trademarks, including active registrations and cancellations. If the government website indicates that certain trademarks are canceled, this information is likely up-to-date and reflects the official status.

However, discrepancies can sometimes occur due to the timing of updates or system errors. If you have concerns about the status of a particular trademark, you might consider reaching out directly to the appropriate government office for clarification. They can provide the most current information and help resolve any uncertainties.

Remember, while other websites can offer helpful information, they might not be as current or accurate as the official government site. If you're making important decisions based on this information, it's advisable to double-check with the official source to ensure you're acting on the most recent and accurate data.

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