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My point is that the trademark registration process is VERY simple. There is not much you can do to commit fraud. You fill out a simple form and submit your n
by jhancock 18y ago
My point is that the trademark registration process is VERY simple. There is not much you can do to commit fraud. You fill out a simple form and submit your name and supporting material such as logo to a search. If the search, based on the category of goods and service you select, is deemed not in conflict with already registered product or services, you get the nod and you are registered.
The whole point of the registration process is you are paying the USPTO a fee to do a search to avoid conflict. Yes, there is an assumption that you are not applying for something you know already is registered by someone else. But the point of the search is a safeguard for this.
I am very interested to understand the details of the fraud aspect of this claim. I am also interested to see how the USPTO's paid search process didn't catch the conflict.
- marcus 18y agoPart of the registration process is that you testify that don't know of any prior existing uses of the trademark by 3rd parties in the field. If you are aware of existing prior uses of your trademark you might have committed fraud in your application.