What happens if I register a trademark of a company name that is already a known company but according to USPTO it has not been registered yet?

Just because the trademark of a well-known company isn’t registered, doesn’t mean that they don’t have some legal protection. 

In the US, the first to use the trademark has “dibs” so to speak. Even if the trademark hasn’t been filed, they can still easily prove that they have been using the trademark in the market for longer than you.

It’s important to know if there is enough distinguishing your business from the other one, as this could play a role in any litigation that comes forward.

Before registering, you should consult a trademark attorney. You should weigh the pros and cons of moving forward with something like this and understand the potential headaches it could cause.

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