Page 31 - Network Magazine Winter 2019
P. 31

 good or service, it is invariably sound business strategy to do so. Trademark searches typically focus on two in- quiries: (1) clearance, i.e., whether a mark can be adopted in connection with a particular good or service without subjecting a business to an accusation of infringement; and (2) registrability, i.e., the likelihood that a party will be able to obtain a registration for a mark in connection with a particular good or service, taking into consider- ation not only third-party trademark properties but also the distinctive nature of the selected mark. A qualified professional may be necessary to help you confidently interpret the findings of any trademark search.
James J. Aquilina is an attorney and business coun- selor with extensive experience in all aspects of U.S. intellectual property law, including utility and design patent, trademark, and copyright law, with emphases on rights procurement, IP portfolio development and management, rights enforcement, and licensing. He is a graduate of Rutgers University School of Engineering and the University of Pennsylvania Law School. He can be reached by e-mail at
The contents of this article are solely for educational purposes and do not constitute legal advice. Any opin- ion provided in this article is solely that of the author and not that of his employer or any client thereof.

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