When launching a new brand a search on the availability is very important. If the trademark is not available then you can avoid problems by choosing for a different trademark or changing the name or logo.
However, it often happens that a brand is encountering trademark problems. Like the American company South Philly Cheese steaks & Fries who received a cease and desist letter from a different company who objected to the use of the name “Chick Philly”. This name was launched by South Philly Cheese steaks & Fries in April for one of their sandwiches.
Setbacks and barriers feed creativity, like in this case: the sandwich got a new name, namely Chicken Cease and Desist. The packaging is even more original: it consists the Cease and Desist letter as received by South Philly Cheese steaks & Fries!
Source: Restaurant News