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Does the USPTO determine trademark infringement?

By Mary Bellis, About.com

Question: Does the USPTO determine trademark infringement?

Answer: The USPTO examines trademark applications to determine if there is likelihood of confusion between the mark in the application and a previously registered trademark or another mark in a prior-pending application.

If no conflict is found and all other statutory requirements are met, the examining attorney can approve the mark for publication.

The USPTO has no powers of enforcement concerning the use of trademarks in the marketplace.

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