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MYTH: A registered TM is absolute protection of a name or mark

Registering a trademark or tradename is an essential step in protecting valuable intellectual property and the associated goodwill of a business. However, an undiscovered senior user, someone who has used even a “confusingly similar” name or mark, can bring a cancellation action against a registered mark. Trademarks are particularly vulnerable to this within the first five years of registration. So a name or mark should be well researched prior to filing, and proper research is far more in depth than a google search. Managing trademark registrations from inception to filing, including protecting against infringement and defending against challenges is an in depth process and should not be taken lightly.

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