Even the best research is worthless without proper interpretation and application.

TRADEMARK SEARCH

You have finally decided on the catchy word, symbol or slogan that you will use to market your products, services or company. However, before you start using the mark and/or file a trademark registration, it is critical to make sure no one is already using it in a way that leads to confusion. It is as such advisable to have clearance searches carried out before putting hundreds of dollars into promoting a trademark, launching a website, starting SEO campaigns and obtaining domain names registration. Without proper clearance, you risk being sued by a prior trademark’s owner. To avoid litigation, you may have to change your brand, but maybe also your name, your packaging, your website, and all your marketing documents, and spend additional money on branding a new identity.

Some types of searches you should consider
  1. A basic Internet search – via search engines like Google – to see if, how and where the name you intend to use and register is currently being used by third parties.
  2. A full availability search which will reveal trademarks that are identical and confusingly similar to the mark you intend to use and/or register.
  3. A more focused search which will reveal identical trademarks only.
  4. A company search which will verify if a company name is available for registration.
  5. A domain name search which will reveal if domain name extensions are still available.
What will the trademark search reveal?

A trademark search will reveal whether someone else has already adopted your proposed trademark or a very similar one that might block the registration of your mark. This check will also help you assess the relative strength of your trademark by showing you how many other similar trademarks are already present in the marketplace. In other words, the report will give you a clear picture of the situation with a list of possible conflicting marks and give you valuable intelligence on whether your new trade mark is safe to use and/or register. This critical information will be used as a base to establish your trademark strategy when finalising your mark and preparing its filing.

At IPHub Asia we can assist with full clearance searches.
Please contact us to obtain a customised estimate.