This person hires an attorney and perhaps does searching himself, but his fatal error is that he only considers federal trademarks. His potential problem occurs when he misses an important state mark that predates his usage or registration and the owner of that mark comes after him and stops him from continuing to use the name, or worse yet, sues him for infringement. Myth No. 4. My mark is not the same and can't be in conflict with the other mark. Marks don't have to be identical in order to cause confusion.
Confusion can result if marks look, sound or mean alike.
Famous trademarks can cause problems no matter how they are used and get a wide breadth of protection. Myth No. 5. This is no longer the case. MicroPatent's MarkSearch database includes federal and state trademarks, and is available 24-7. It's fast, fun and easy.