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.