Can I still register a trademark if someone already says it or uses it Online?

[whatisthelaw]

Can I still register a trademark if someone else says it or is using it online? It is not currently registered. By searching the USPTO I cannot find a pending registration for it either.

Is a non-registered search part of the examiners job? If it is casually used?

 

[army judge]

Of course you may try to register a trademark. It is during that registration process that potential conflicts are discovered.


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[whatisthelaw]

I mean, will I be successful in registering it. And is this considered a "potential conflict" if its casually used (not very much), and not registered?

 

[Michael Wechsler]

What is the "status" of the trademark. It should say "live" or "dead" and that can make a huge difference!