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

When submitting a trade mark application, it is extremely important to do all you can to ensure the application is a success.

A reason why an application to register a trade mark would be rejected is if there was already a mark registered that is similar to the one you are proposing. To ensure this will not happen, it is highly recommended you instruct a trade mark search to be complete on your behalf.

The Trademarkroom will be more than happy to assist you in completing this search.

The search itself will check all databases of the marks you are looking to register for any existing marks that may be deemed identical or similar to yours that would prevent your application being successful.

There are a number of searches available that can a differing level of accuracy. Through our website, you can complete a free trade mark search that will show you all marks with a small degree of similarity to your mark within your proposed area. Not all of these marks will have the required degree of similarity to issue infringement proceedings.

Therefore we will always recommend making the investment and paying for a more detailed search which will be more accurate as to whether your mark will be an issue.

A full search can be completed for both UK registered marks and those registered as Community Trade Marks covering the EU as a whole. These both carry a fee at a very competitive rate.

While this investment may not seem necessary, it is vital to ensure your proposed mark is open for registration before you submit an application as you could lose not only your application fees but be hit with a infringement claim if you are already using the mark in question.

For further advice or guidance, do not hesitate to call Jane Coyle at The Trademarkroom on 02380000190.

By Ellis Sweetenham