Schwartz Law Firm, P.C. regularly represents business owners and entrepreneurs in searching and clearing trademarks to determine their availability for use and federal registration.

A trademark is any word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.  A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Generally speaking, the terms "trademark" and "mark" refer to both trademarks and service marks.

The purpose of the search is to uncover any marks currently registered, the subject of pending applications, or in use which may be considered confusingly similar under the legal standards for trademark infringement, particularly as applied by the United States Patent and Trademark Office.  This is advisable from a registration standpoint because the Trademark Act provides that “... any trademark may be registered unless it consists of or comprises a mark which so resembles a mark already registered or in use by another as to cause confusion, or to cause mistake, or to deceive.”  Trademark Act Section 2(d).  It is advisable from an infringement standpoint because the adoption of a mark similar to a mark already in use by another for similar or related goods or services could expose you to civil liability for trademark infringement or dilution.

Schwartz Law Firm is based in Charlotte, North Carolina with clients throughout the United States and internationally.  Its founder and owner, Jeff Schwartz, has been selected by his peers as one of North Carolina's leading intellectual property lawyers, according to separate surveys taken by Law & Politics and Business North Carolina magazine.

For more information regarding trademarks, please contact Schwartz Law Firm to schedule a consultation.