What is a trade mark search and do I need one?

Before any application for trade mark protection is submitted it is always recommended for a trade mark search to be conducted. 

But many have asked what exactly is a trade mark search and what are my options? 

A trade mark search is a check of all the existing registered trade marks to identify if there would be any issues in relation to infringement or the potential for your application to be refused.  If you submit an application without the search, this can open you to a number of claims of infringement that you could have avoided.

There is a number of searches that are available to you, all of which The Trademarkroom can assist you with. 

1. Free search- while this may seem like the best option as it does not carry a fee, it will only give you surface level information that identifies any remote link between your proposed mark and any existing registered mark. This can be time consuming to find the relevant information
2. UK/CTM trade mark report- this can be completed by The Trademarkoom on your behalf and indicates any mark registered in the UK and through the community trade mark system in the EU that could be an issue. This would be recommended if you are sure you will only be operating in the UK/EU.
3. Advanced UK/EU search- a deeper search that the one above as it delves deeper into the individual countries registration databases.
4. Advanced search for both registered and unregistered marks- this is the most detailed search available which explores all previously mentioned areas but also checks for similarities in any unregistered marks in the UK and EU 

For any advice in relation to choosing the best search for you, do not hesitate to contact Jane at The Trademarkroom.

By Ellis Sweetenham