Is your brand or trademark already registered?

If there are other trademarks that:

• Look the same as (or similar to) yours, for the same (or similar) goods or services, or
• Sounds the same as (or similar to) yours for the same (or similar) goods or services

then you could have a problem! Before you apply to registered your trademark with your chosen trade mark office it is prudent to have a trademark search and advice report carried out first. If you apply the examination office will inform you of such earlier marks as part of the examination process. You will then have to decide whether to withdraw your application or allow it to be advertised in the Trade Marks Journal. At this point proprietors of all of these earlier marks that your application has been advertised will be notified. Once advertised all applications are subject to an opposition period in which third parties may oppose your application. Please note that should you oppose any opposition the losing party may be liable for costs. With this in mind you may wish to search Trademark databases before you file your application. Like most things in life you can do this yourself or you can pay someone to do it for you! Searching the UKIPO database You can free of charge online. You will be able to see if your trade mark is already registered. You should however note that this service has not been designed as a comprehensive trade mark search facility and should not be used to determine conclusively whether a conflicting trade mark already exists. Examiners will conduct a thorough search of all existing trade marks when they examine your application. For a small fee of £50.00+VAT for UK or EU we will carry out a thorough search for you- most importantly we will analyse the results- just because there is a similar mark doesn’t mean you should not apply. We will also check the inherit registrabilty of your mark and draft the specifications. So £50.00+VAT could save you a big headache further down the line! jane@trademarkroom.com www.trademarkroom.com