In 2009, Twitter filed for "Tweet" but the USPTO declined the registration because the marks "Let Your Ad Meet Tweets" and "Tweet" are confusingly similar. Twitter filed its motion for declaratory judgment to cancel Twittad's mark. New businesses are cautioned to register their trademarks as soon as they conceive of trademarks they intend to use. Although some may be tempted to save on registration fees and rely on common law protection, Twitter's recent lawsuit against Twittad demonstrates why new businesses should file their trademarks as soon as they intend to use it.
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