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There is always the possibility that your chosen brand name or logo may already be in use or registered by someone else, potentially leading to serious legal conflicts. Discovering such conflicts after the fact can be costly. You may face the financial burden of rebranding, handling legal disputes, and compensating the other party.
Discovering such conflicts early is crucial for the worry-free use of your brand and a smooth and secure trademark registration process. This is why many successful brand owners trust us with the brand name search before they use and/or file an application to register it.
What is a trademark search?
A trademark search is checking various databases and online sources and reviewing the results to see if a name or sign you want to use, or register has already been taken. This includes looking through official trademark registries and other databases and browsing the internet.
The goal is to find out if anyone else has already claimed the name or sign or something very similar to it, which could prevent you from using or registering it.
Since trademark laws vary from country to country, these searches need to be done for each country where you want to register or use your trademark. This is because each country has its own rules and its own registry for trademarks. A trademark may be available for use and registration in your home country but may not be available in some foreign markets.
We can assist you with trademark searches anywhere in the world. Our highly skilled and experienced team can help analyze and select trademarks that align with your strategic and commercial objectives.
Why should you conduct a trademark search?
You will know the following crucial aspects early on before moving forward with the name or sign you choose:
To Check for Availability
The search helps ensure your chosen mark is not the same or too similar to others already registered with the same or related products and/or services. So you can officially register it as a trademark.
To Check for Any Risks
By searching, you can avoid accidentally using a trademark that someone else legally owns. This helps prevent legal battles over trademark rights, which can be expensive in terms of legal fees and the potential cost of rebranding if you must change your trademark.
To Check for Registrability
The search can also tell you how strong your mark is and if it is protectable or registrable under the applicable rules or laws. A strong trademark is unique and distinctive, making it easier to defend against infringement and imitation.
Conducting a trademark search can save you time, future headaches in legal disputes, expensive litigation, and potential financial liabilities. We can help you select and clear the name to help ensure your strategic and commercial objectives are reached.
Is it possible to conduct a trademark search on your own?
It is possible, but it often requires specialized knowledge, reliable skills, and judgment.
If you find a trademark that is exactly the same as the one you want to use, it is easy to see that there is a conflict. But if there are similar marks, it can be more complicated. We know the rules and have the skills and experience to examine the details and decide if the differences between marks could cause a problem, helping you avoid potential legal issues.
When should a trademark search be conducted, and how long does it take?
We highly recommend performing a trademark search before you launch a new product or service or investing heavily in your new mark. There may already be someone with legal rights to the same mark, and it is best to find out about that or any possible conflicts first. Not knowing about an existing trademark is generally not an acceptable defense if you are accused of trademark infringement.
Typically, a basic trademark search can be completed in just a few days. However, depending on the complexity and scope of the search, it may take up to one or two weeks. If the search uncovers a lot of similar trademarks, or if there are any potential conflicts, we may need additional time to review these results thoroughly. Sometimes, further steps are required, especially if initial findings indicate a possible infringement.
What are the types of trademark searches, and how is each conducted?
There are 3 types of trademark searches, each with its specific focus and methodology. Here is an overview of each and how each is conducted.
Identical Search
Goal
To find exact matches of your proposed mark within the national trademark database and merely rule out marks that are the same as you.
Results
This search will inform you if the exact name or sign you choose is already taken. However, it will not provide assurance about the safety of using the mark, as it does not detect similar marks that may lead to legal complications.
Similarity Search
Goal
To find marks that are the same or similar to yours in the national trademark database, both in terms of sound and meaning.
Results
This search will inform you if your mark could cause confusion among consumers because of its similarity to existing marks used with the same or similar goods or services.
Comprehensive Search
Goal
To find marks that are the same or similar to yours in the national trademark database, and extends to find unregistered names across multiple databases such as business/trade name databases, trade directory databases, domain name registers, the Internet, including google.com, amazon.com, bing.com, yahoo.com, and social networking websites such as Facebook, YouTube or TikTok, etc.
Results
This search will provide information similar to what a Similarity Search does and will also determine if an unregistered name could potentially affect your protection and expose you to possible claims of 'passing off'.
Each type of trademark search has a particular objective and differs in extent and thoroughness. We can help you choose the right type of search to align with your specific needs, the nature of your trademark, and the geographic scope of your business operations.
Ready to Start Your Trademark Search?
We can advise you on the most suitable search for your trademark. The first step we can take to help you with the search is to gather the necessary information from you. Knowing the mark to be searched is not enough—more necessary information is required to advise you on the most suitable search and evaluate the results. Click "Contact Us" and reach out to one of our attorneys.
