The topic is Trademark Clearance and determine why is it important. The trademark's priority is defined not on a "first-to-apply", but on a "first-to-use" basis. Therefore, the search in the United States Patent and Trademark Office (USPTO) Website is not sufficient, as it does not show the trademarks that are in use without registration. In the scenario below and the referenced cases, determine if the work done by Mark is adequate and what steps or examples can he do to conduct his due diligence.

Mark is preparing to put a new lipstick on the market called "Paint4Lips." Mark has searched the United States Patent and Trademark Office (USPTO) Website for confusingly similar marks. He searched for "paint for lips" and as many phrases with similar spelling, sound, meaning or connotations that he could think of. He is satisfied that his use of "Paint4Lips" is not likely to cause confusion with any registered mark. Has Mark done a sufficient search? Why or why not?

References:

• Andrew Westney,Navajo Nation, Urban Outfitters Settle Trademark Dispute, Law360 (Oct. 3, 2016)
• Jeremy Gordon,Vice Settles Trademark Dispute with Indie Band ViceVersa, Pitchfork (June 5, 2016). Retrieved fromhttps://pitchfork.com/news/66122-vice-settles-trademark-dispute-with-indie-band-viceversa/
• Eriq Gardner,Taylor Swift Settles "Lucky 13" Lawsuit, Avoiding Trial, Hollywood Reporter (Nov. 5, 2015). Retrieved fromhttps://www.hollywoodreporter.com/thr-esq/taylor-swift-settles-lucky-13-838473
• Eriq Gardner,Pharrell Williams, will.i.am Settle Trademark Dispute (Exclusive), Hollywood Reporter (Mar. 11 2014). Retrieved fromhttps://www.hollywoodreporter.com/thr-esq/pharrell-williams-settle-trademark-i-am-other-687563
• Jonathan Handel,Hollywood Sign Owner Cries Foul Over Ad Agency 'Infringement,'Hollywood Reporter (Oct. 26, 2012). Retrieved from https://www.hollywoodreporter.com/thr-esq/bb-hollywood-trademark-dispute-383648