What is Trademark Search?
The purpose of conducting a trademark search is to find out the chances of procuring successful registration from the relevant trademark office. The International Protocol on Trademark Law, Madrid Protocol, expressly prohibits registration of deceptively similar trademarks. A trademark is considered to be deceptively similar if it is visually or/and phonetically similar to an already existing trademark. On the basis of the search results extracted from the government records of the relevant nations and the opinion provided in the trademark search records, you can decide whether you want to proceed with the trademark application or not.
Under this head, you will get a professionally written trademark search report on our official letter-head with a written opinion drafted by one of our trademark attorneys. The search would encompass not only results from the government records, but also company and domain records to see if there are prior users who may create hurdles while the application is pending with the relevant office.
Trademark Search Service
FAQs on Trademark Search
EA Trademark Search is a critical legal step in process of selecting a new trademark. It is a normal search conducted online in a Trademark database to check whether a similar mark has already been applied for or registered in the similar class of goods/services as that of yours. It is also done to analyze strengths and weaknesses of your mark and to access the chances of a successful grant of registration.
Different countries might have their own Trademark Search systems, but primarily there are two types of trademark search: (1) Database search and (2) Common law search. The database search is a formal search which is conducted in the records available at the Registry of the Trademarks, while common law search is an informal search which is conducted outside the Government records.
Usually, Trademark Search is conducted before filing the application for registration of your mark. It is done in the preliminary stages of the trademark registration process. You can also do a trademark search to identify infringers after you have procured registration over your trademark.
Registering a trademark is a lengthy process. If you choose a mark which is already on register or applied for registration, there are chances that your mark may get opposition from other registered/ third party users of the mark and that can prolong the application process. Apart from an Applicant and Opponent, a third party can also file an opposition to your trademark registration. So, to avoid this hardship and to save your time and money, it is wise to conduct a professional Trademark Search.
The finality of the Trademark search will depend on the mark and its status in the registry of Trademark. Trademark Search only gives you the detail of other similar marks in the market. It is to be checked whether your mark is confusingly similar to an earlier registered / well-known trademark. The principle factor for coming to the conclusion is similarity between the marks and goods and services identified by the marks.
All National Trademark registries maintains a record called as a Register of Trademarks which contains full details of all applications and renewals of all regional trademarks. Besides, no registration is required for common law rights in Trademarks thus, those marks would not be available in the database. But, it is always good to have the research done so that you can ease up your application process.
No, Trademark Search is not mandatory but as it provides the details of all other registered, pending, applied for marks for same/similar goods and services, it would be beneficial for you to conduct a basic Trademark Search. It would lessen down the scope of oppositions and make your application much stronger.
Normally any person or a company can conduct a trademark search online by visiting the trademark site but the search result will not be at a same level as a professional services. The search will be conducted according to the mark, for example, whether it is a word mark, stylized mark, logo types or is a trade dress. Especially when the mark is a logo or is a non-conventional trademark, it’s difficult for an individual to conduct the search himself and professional expertise is must.
There are certain possibilities available after you conduct a basic Trademark Search. One is there might be same / similar/ identical registered mark in the market with different kind of goods and services. The other possibility is, there might be same / similar, Identical mark in the market for same/ similar goods and services, but the mark might not be registered or is objected or not renewed or the proprietor of that registered mark is not using for the registered goods and services, or the proprietor has abandoned the mark.
The trademark search can be done after the mark has been registered to check new applications and file opposition if the mark is same/ similar to your mark which is also called Trademark monitoring. But if you haven’t applied for registration, it’s wise to conduct a trademark search before you apply.
Advantages of Trademark Search
WHY YOU CHOOSE US ?
Undaunted Passion for the Discipline
The basic source of our team’s strength and commitment lies in our dedication towards the discipline. Almost all of our team members exclusively have specialized in the field of Intellectual Property Rights and are passionate to deliver their best in terms of services.
Young Team of Professionals
Our team comprises of a group of skilled and young professionals who are capable of handling several tasks in an impeccable manner. Our young team of professionals specializes in the discipline of Intellectual Property Rights and has been delivering time bound results without compromising with the quality of the work. Our ambitions are driven by the idea of success which we believe rests in our client’s level of satisfaction with our work.
Global Network of Clients
Our client base has no geographical boundaries. For the last three years, we have been working with clients based in the regions like North America, South America, Australia, Europe and several South Asian Nations. Our global reach established via international networking in such a short period of time is purely a result of high level commitment towards our work and client satisfaction which we have garnered through the quality of our work.
Lex Protector helped us file several trademarks and copyright. They were easy to reach, always available and were quick to understand the legal requirements of our business. Recommended!
Great work as always for Trademark Search from Lex Protector.
Professional, great communicators, great results. Would not hesitate to use firm’s services for trademark registration again. Thanks!