Why Search?
At the start of a new business venture or before the launch of a new product or brand, business owners sometimes question the need for a trademark search. Well, there are a few good reasons not to skip that step, and we summarise them in this post.
Know Your Objective
Before conducting any trademark search, it’s important to know the reason for your search. It’s only then that you’ll be able to work out whether the particular searches that you’re planning to do will be adequate for your needs. This post identifies the two main reasons for searching, and what your search must include to be adequate for your needs.
Don’t Ignore the Market Place
It’s fairly common to see trademark searches that are limited to enquiries of trademark registers, and which ignore the use of trademarks within the market generally. We’d like you to think twice before proceeding with a “register only” search for the reasons outlined in this post.
Search in the Right Places
When you’re looking for something, it seems obvious to say that you need to look in all the right places. The same is true of trademark searches, where you need to make sure that you (or whoever is doing a search on your behalf) is searching all the right databases.
“Exact Match” vs “Similar” Searches
Trademark law isn’t just concerned with names that are the same, it’s also concerned with names that are similar. Searches performed before you start using a trademark or before you lodge an application for registration should be wide enough to uncover trademarks that are “deceptively similar” as well as those that are “substantially identical”.
Trademark Search Results – Key Questions
It might sound obvious, but trademark searches aren’t worth anything to you unless you can use the results. One important thing to ask before you order a trademark search from anybody is this: “What will I be given when the search has been done?”