It is mandatory for a company/business to register itself with a distinct trademark. It is illegal to use a trademark that is similar to another business/company.
Federal and state trademark databases enough to uncover a possible conflict ?
Federal and state trademark databases help in making a wide search for similar trademarks in a country. Thus, a business before it’s trademark registration can make a search in its state trademark database and check for similar names. This can help in making a wide selection of a trademark name.
Thus, databases are enough to uncover a possible conflict.
As trademark search is an imprecise science, this is not ideal but sufficient. Since trademark rights are granted on a ”first come” basis, it’s important to determine if anyone is using your title in a trademark sense.
This is accomplished by doing a screening search. Many valid trademarks exist at common law without ever appearing on the federal trademark register.
Federal Trademark Database Search
Some appear in state trademark registrations others are not registered at all. Thus, the search must encompass marks beyond those shown in federal applications and registrations. Do you wish to know more about federal trademark database search ? Just visit USPTO website.