It is highly recommended that clients hire an attorney to conduct a comprehensive trademark search for existing trademarks before filing their trademark application. This will help identify potential conflicts with existing brands and avoid costly legal disputes in the future.
However, when a client declines a search before filing their application, I include a clause in my engagement agreement that acknowledges the client’s decision, explains the potential pitfalls that may arise during the application process, and releases my firm from any added costs related to potential trademark conflicts. No matter my client’s decision, I will do my absolute best to provide them with the best possible outcome, even if I disagree with them. At Curly Girl Law, I always offer clients the necessary facts and guidance to make informed decisions, even if the client ultimately decides to decline the recommended course of action.
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