The importance of trade mark searches

The way to do this and minimise the risk is by doing a trade mark search.

A trade mark search comes in a number of forms with a differing degree of detail but ultimately it will allow you to see if your mark will experience trouble from a previous registered trade mark.

This will save you in the long run from not only a failed application but also further infringement claims that may affect you.

To submit a search, all you need to know it the wording of your trade mark as well as any exact font or colour you will wish to file in. This will allow for accurate results to be obtained.

There are different searches you can make, depending on the area in which you want to register. A free search is available however this will give you all links to your mark, big or small, with no reference as to whether this will affect your application.

The recommended search is the advanced trade mark search and advice report which will be much more detailed in its results and will give you a better idea of your success chances moving forward. This does carry a fee of £100 plus VAT but in our opinion it is worth the small expense.

A UK/EU search can be back with you within 24 hours therefore there will be no delay to a pending application only reassurance that it will be as solid as it can be. For other jurisdictions, this may be slightly longer.

Details aside, it is very important that you complete a search to ensure you are not wasting money further down the line as other mark has cropped up and blocked your application.

For more information, contact Jane Coyle at The Trademarkroom.

By Ellis Sweetenham