Trademark Search

A trademark search serves as an important role of securing ownership over your brand’s identity. It acts as a review of different intellectual property (IP) rights, including patents, copyright, trademarks, designs, database and other legal aspect of a brand’s IP. In short, a trademark search aims to determine whether your trademark is available for use without infringement risks.

Trademark Search Factors

  • Trademark searches are of different types.
  • The more extensive the search is, the more time it takes to determine availability.
  • For a successful approach, you need to balance the cost of searches against the risk of a failed trademark application.
  • Unlike in a company or domain names, where a slight adjustment of spelling may enable a desired name to be registered, a name you use as a trademark must not be similar to someone else’s mark.

Why Conduct A Trademark Search?

A trademark search helps you check whether the name you intend to use is available for use before you launch your product or service.

Clearing a name for use is important to ensure that you do not infringe on the rights of another IP holder. It also helps you avoid rebranding your product. This may entail recalling the product and changing all your marketing materials. Read more »

Product recalls and rebranding might be forced on you years after you have already built up your business. It invariably involves considerable expense and exposes you to a claim in damages or to account for your profits. So, a trademark search is a small outlay for the considerable risk management it delivers.

Types Of Searches

Depending on your risk assessment, you might want to do more extensive trademark searches. It all depends on the name you have chosen, the nature of your products and services and your plans for growing the business (e.g. will you sell online in all countries?), it will then be possible to assess which other searches you might want to commission. Read more »

For example, as there are 28 countries within the EU and each country has its own trademark registration system, the Community Trademark (CTM) search does not include a search of each of the individual country registers (click here for a list of CTM Countries). Here at Azrights, we offer searches on individual country registers at very competitive rates.

Different levels of searches can be conducted depending on the complexity of your needs. View a list of countries which we are able to conduct a trademark search for.

  • The very least that we recommend is that of an identical search. This search focuses on your name and whether it is in use.
  • A logo search is useful if you are registering a logo although the text element of the logo will need a separate word search.
  • A common law trademark search is advisable if the scale of your operations is such that the consequences of a failed trademark application would be severe.
  • A common law search may discover someone with an earlier unregistered right which could pose problems for you.

What’s next?

For further help call us on +44 (0) 20 7700 1414.