The thoroughness of the search can be an issue. A trademark search via an ad agency, which is a common path, can cost some bucks. If memory serves, the last one I was involved with quite a few years ago was $40,000+. I suppose it is a case of which comes first! Apply for a trademark and get rejected or do a search to check on the availability, then apply having high confidence it will be approved.
Breathe's fatal error was using the Breathe name, showing the "TM", before it was vetted. Lo and behold a similar company had already registered the mark. Breathe got sued, Seth Shaw's then current BFF, CEO Josh Kimmel, got booted, and Interim CEO Seth Shaw finalized the settlement on behalf of Breathe. By then shareholders had been crushed!
LOL! It seems like everywhere one turns Seth Shaw is involved in some sort of legal action!
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