Damages caused by someone’s trademark
(What if you don’t conduct a trademark search before filing or your trademark is not registered?) 
If someone has already registered a trademark which is identical or similar to your mark 
If someone’s trademark is registered, you will be requested to stop using the mark and to pay compensation for damages or the like (see the following court cases, where the court granted a compensation). If you are requested to stop using the mark, you might be forced to change your product’s name or recall products bearing the trademark from the market later. If you already used your mark when someone register a similar trademark If you can prove that your mark is already well-known in the business field, you can continue to use your mark (that is, your prior use right will be granted). However, it is very difficult to prove prior use. You can be possibly warned or sued by the owner of the registered mark. Even if you use your mark similar to someone’s registered trademark without knowing the existence of the registered trademark, you can not avoid your responsibility.
| TRADEMARK SEARCH AND REGISTRATION OF YOUR TRADEMARK ARE NECESSARY to avoid risks that threaten your business and to allow yourself to use your own mark without any concern about future use. |
