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Trademark Obstacles Trademark Law Intellectual Property
How to get around obstacles (other marks found on the register)?
Trade one of your marks for the mark sought.
Buy the mark.
Buy a license to use.
Buy a “consent to use.” This may also be worded as an agreement not to sue. (Although this may not be adequate to permit you to obtain a U.S. registration because the Trademark Office is not required to accept it, it will be useful assurance to your client that it may use the mark without fear of action by its owner.)
Act to cancel the prior user’s mark.
Buy a similar earlier registration for leverage against your main obstacle.
Change your name. Small changes may suffice. The addition of a word. If the prior user’s mark is geographically limited you may be able to pick up the rest of the country. Misspellings will not suffice.
However, if a mark is important to you it is prudent to act quickly
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