Why is it important to conduct a trade mark search?
Written by Oliver Coates a work experience student at Lawdit Solicitors on 27 August 2013« Return to Reading Room
What is a trade mark search?
A trade mark search is the examination of current trade mark databases and other resources, including telephone directories and trade directory databases. Such a search sets out to determine whether your trade mark could face competition when applying for registration. It also provides information regarding previous cases which are similar to your own, and presents information regarding the successes or failures of these applications.
Why is a trade mark search important?
A trade mark search is important as it gives you:
- a comprehensive report upon current trade marks that are similar to your proposal;
- information regarding any potential areas of conflict with existing proposals; and
- finally it gives an indication as to whether your trade mark is distinctive enough to be accepted.
By requesting such a search, you are minimising the potential for challenges from current trade mark holders who may take legal action if they feel your trade mark is too similar to their own, or may infringe upon their rights.
In contrast, if a trade mark search is not done then you could be entering the registration process without adequate information, which could lead to costly repercussions and a failed application.
Therefore it is strongly recommended to obtain a trade mark search as it provides you with potentially invaluable information which your application could depend upon, giving you the best chance for success.
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