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Before investing a significant amount of time, money or effort in a particular trademark, serious consideration should be given to having a search performed to determine whether anyone else may have prior rights to that mark. Second, there exists an inherent time delay between the time an application is filed with the United States Patent and Trademark Office or other trademark authority and the time the information is processed and made publicly available for searching purposes.
Finally, budgetary considerations may and typically do impose practical limitations on the scope of search that is practical under the circumstances.
Thus, if the owner of the trademark cannot control the nature and quality of the goods sold by his or her licensee, and if the mark cannot be viewed as some assurance of consistency, there can be no incentive in legal theory to allow the owner to stop the use of the mark by anyone who so chooses to use it.
A descriptive term is any term that would normally and naturally be employed by a manufacturer in describing the particular goods upon which the mark is used.

However, no trademark search is perfect as there are certain risks associated with and limitations inherent in all trademark searches, regardless of scope.
Accordingly, there could be others using similar, unregistered marks or names, who may have superior rights simply by virtue of their prior adoption and use, yet which may not be reflected in even the most comprehensive of trademark searches. Accordingly, there are a variety of searches that are available, varying in scope and cost. In other words, the simple fact that a search may not reflect any serious conflict is no guaranty that the proposed name will be available for adoption and use under all circumstances. Beyond that, there are several commercial search firms that specialize in trademark screening searches.

Generally, the licensor can control the nature and quality of the licensee's use of the mark by issuing specifications under which the licensee must make the product or implement the service. Such search firms not only search federal and state trademark records, but also have access to certain common law sources, such as relevant trade directories, telephone directories and corporate name listings, which may turn up prior uses of unregistered names and marks that a search of federal and state trademark files, alone, would not.

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