Trade mark searches- why so important?

When submitting an application for trade mark protection, a search may seem an unnecessary expense. However, a trade mark search has a high level of importance.

A trade mark search looks into all marks that already have been registered in the UK, or further afield if that’s what you need to consider. By looking to see if your proposed mark or something similar is being used by anyone else, it gives a clear indication as to whether any application you submit will be successful as well as any potential infringement claims that could arise through your use.

To complete a trade mark search, you need to provide the proposed mark as well as the area or industry in which you wish to use it. This helps target the search to the specific area in which your mark would need to be unique. For example, if your proposed mark is ‘Blue Square’ which you want to register for stationary items, this would not necessarily be affected by a ‘Blue Circle’ registered for bicycles as they are completely unrelated goods.

At The Trademarkroom, we can offer you a number of options which has differing degree of accuracy.

Through our website, you can access a free search which looks into any mark registered in the UK and EU. This search is very broad and can generate a lot of results. The free search does not include any analysis of results which is essential to give a clear relevance to any application.

A complete search including analysis does carry a fee which is at a competitive rate. This would be the recommended option as the information collected has a direct relevance to your mark and will be the best help in deciding whether to proceed with your application.

Contact Jane at The Trademarkroom for more information and more tailored details.

By Ellis Sweetenham