Your Name Can Be Taken From You,
Even If It's Protected With A Federal Trademark!

The government does not research all records
and databases to find conflicts with your name.
It is your sole responsibility to make sure that you have the rights
to the use of your name and will not be infringing upon someone else's rights.

When you register your name with the US Patent & Trademark Office, the government does a preliminary name search to find any registered trademarks that you may be in conflict with. What they do not tell you is that they only check their own register of Federal Trademarks for conflicts. They do not research state trademark records for conflicting marks and they do not research businesses with common law rights that may be in conflict. If they find no conflicting federal trademarks, they will grant you your trademark. However, someone with a state trademark or even common law rights, may later oppose your federal trademark registration - even years down the road!

That's right!

If there is a company with a state trademark, or even a business that has no trademark but has established common law rights, and they have the same or a similar name to your own, and they can prove that they have been conducting business in interstate commerce longer than you have, they may be able to limit your use of that name, or worse, take your name from you.