Why should you conduct a search before applying a trademark for registration?

In order to avoid issues upon registration of a trademark, we advise to conduct a search to make sure that the mark in question has not already been registered or used by another company in the relevant territory. A trademark search is an essential instrument in the early stage of applying for a trademark registration and later use. It is based on relative grounds – registrations of earlier trademarks, which are similar/identical and may cause disputes.

To save time and money before applying for registration and launching a new trademark , it is important to ascertain whether there are any earlier conflicting trademarks registered or used. Meanwhile, with a thorough review of existing earlier rights the risks that later the client will run into obstacles once a trademark application is filed will be minimized.

Speaking from our experience, we recommended to search all relevant trademark databases prior to registering or using a trademark in the course of trade.

Our professionals having reviewed results of such searches, give a report on similar/identical marks together with an assessment of chances of success. We also often suggest solutions in case of finding potentially conflicting marks. Thus, the client can make the right decision and save his time and money for investments in a new brand.

Trademark searches may be conducted through different channels, such as online databases, using services of specialized agencies, or at the national trademark registries. Contrary to a popular belief, it is not sufficient to investigate prior rights only by using the search engine Google. While trademarks, which are identical to the searched mark, can be easily identified, confusingly similar trademarks will be much more difficult to locate.

Depending on the circumstances, when carrying out trademark search services it is advisable to consult with an experienced trademark attorney. Our professionals are well-versed and glad to assist you in conducting and analyzing any kind of search for earlier registered or unregistered rights for the sake of avoiding risks in the future.

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