What is the difference between a trademark search and a clearance search?

A trademark search and a clearance search are two different types of searches related to trademark law in Massachusetts. While both involve researching trademarks to determine if new trademarks conflict with existing trademarks, the difference lies in the purpose of the searches. A trademark search is used to determine if a proposed trademark is available for registration or if it conflicts with an existing trademark. This search is typically performed before an application is filed with the government to register the mark. The search checks all existing trademarks registered with the government as well as other sources like the internet, newspapers, and industry publications. A clearance search is used to provide the applicant with an additional assurance that their proposed trademark does not conflict with an existing mark. This search typically goes beyond trademark registrations to look further into industry sources, common law, and other intellectual property rights. It is more thorough than a trademark search because it includes more sources and a wider geographic area. The main difference between a trademark search and a clearance search, then, is the purpose of the search. A trademark search is primarily focused on determining if the proposed mark conflicts with existing registered trademarks, while a clearance search goes further to provide the applicant with additional assurance that their proposed mark does not conflict with an existing mark.

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What is the difference between a trademark search and a clearance search?

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