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Is it advisable to conduct a search before I apply to register a Trademark?
A search is not required prior to applying for trademark registration. However, a search can be extremely beneficial in determining the availability of your trademark. When you first conceive of a mark that you would like to use to market your goods or services, you should immediately check to see if anyone else is using it. There's no point wasting your time and money with the rest of the procedure if someone else has already registered it.
There are two sorts of risks associated with not performing a thorough trademark search.
First, if you send in an application and it is rejected after opposition because there is an existing trademark that is identical or substantially similar, the Office will keep your application fees.
Second, if you infringe someone else's trademark, you could suffer legal consequences: you will have to stop using your trademark and pay whatever it costs to change to a new trademark. You may also be sued for damages for trademark infringement if your use of the trademark actually harmed the original owner's business.
Accordingly we have automated this stage of the procedure to enable you to detect identical trademarks protected for identical products/services. This search provides you with information regarding registered marks and applications that are currently pending.
Performing an additional (similarity) trademark search may also be recommended. These trademark searches provide you with information about a mark's availability by providing information regarding already existing trademarks, and the status of those trademarks. Depending on where you want to use your mark, you may consider a number of our search options. As these searches cannot be automated, please contact us to obtain additional information and a detailed estimate regarding these comprehensive searches.
Trademark Search - Frequently Asked Questions
- What is a Trademark?
- Why do I need to protect my Trademark?
- What about my Internet Domain Name?
- What are the benefits of registering?
- What can be trademarked?
- Marks to avoid when choosing a Trademark or Service Mark
- Is it advisable to conduct a search before I apply to register a Trademark?
- Do I need to be using my Trademark to register it?
- How do I know which class my goods fall in?
- Can I file in more than one international class & what are the implications?
- Should I apply in my own name or in the name of my company or corporation?
- How long does it take for the Trademark Office to process my application?
- The Trademark application process
- What is an Office Action?
- What happens when a mark is published?
- What is an opposition?
- How long does a Trademark last?
- Use of the TM ® and SM Symbols
- How to use a Trademark
- Can I assign my trademark to a third party?
- What is trademark watch?
- Why choosing two languages for Community Trademarks?
- What is priority or priority deadline?
- What is the “next deadline”?
- What are “designated countries”?
- What are “decisions”?