The USPTO doesn't give the "clear" on trademarks. They don't make suggestions or legal advice. Its the responsibility of the person filing for registration to check if there are previous trademarks pending or already registered. EZ got caught and found theirselves saying "uh oh." If a legal action ensued, they would have lost everything.
Press Release: Ezra Zion Rebrands Inception as Jamais Vu
February 8, 2013 — Ezra Zion Cigar Company, recipients of multiple Cigar of the Year Awards for 2012, are re-branding their inaugural cigar release, INCEPTION. The name of the blend will be changed to JAMAIS VU.
Chris Kelly explains, “After being cleared for use by the United States Patent and Trademark Office, we went into furious production on INCEPTION. Come to find out, the USPTO failed to inform us of another company that was using the same name and ended up awarding them the trademark rights.”
Kyle Hoover, co-owner added, “We knew we had a choice: we could engage in a lengthy, nasty legal dispute, or we could keep our focus on making great cigars. We chose the latter.”
“It’s the exact award-winning blend as INCEPTION, nothing has changed there, but along with the new branding we will be redesigning the packaging and adding 3 additional sizes as well.” The Don Fonseca noted. “I think our customers will be pleased!”
“We chose the name “JAMAIS VU” because it’s the opposite of Deja Vu, and the definition tells the story of the rebranding of INCEPTION. JAMAIS VU is defined as “…a sense of eeriness and the observer’s impression of seeing the situation for the first time, despite rationally knowing that he or she has been in the situation before.”
Chris continued, “Those customers with INCEPTION boxes have a very limited edition piece of cigar history! We will begin production on the rebranded JAMAIS VU within the month.”