Do I need to conduct a trade mark search?

As the pursuer of a trade mark application, you may have been made aware of a trade mark search, and if you have a good legal representative, you will have been told about its importance.

However, you may be wondering exactly just how important it is and whether it is worth the fee it carries.

To clarify, a trade mark search is there to look to see if the mark you are proposing is free to be registered. The search will indicate if the exact mark has already been registered and for what class as well as any mark that is similar and could still be a problem if infringement claims are made.

There are a number of searches available, all of which The Trademarkroom can assist you with. It is important to note though that while you may see the cheaper options as the one for you, they do not give a high level of accuracy therefore could open the door to an important mark being lost in a large amount of small similarity marks.

A free search available through our website has this effect. It will highlight any mark that has the smallest degree of similarity to you proposed mark. The degree of similarity may not be of the level that is needed to show trade mark infringement.

Therefore, to get a better idea of the marks already registered we recommend you invest in a search with a fee that will focus you better on the marks you need to consider.

Our UK/EU advanced trade mark search and advice report carries a fee of £100 plus VAT but is an essential investment as it has a much more direct approach at sifting out the irrelevant marks and just focusing on those that could be an issue.

For more information regarding trade mark searches, The Trademarkroom would be more than happy to assist.

By Ellis Sweetenham