


Is it advisable to conduct a search before I apply to register a trademark?
A search is not required prior to applying for a trademark registration. However, a search can be extremely beneficial in determining the availability of your trademark.
When you first conceive of a trademark 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 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 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.
We have therefore
automated the search 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. Should you have been using your trademark for decades and should this trademark be known by your business relations, it is still advisable to try to protect your trademark even if prior identical trademark rights exist. You can either take your chance or contact us to try to build a strategy for trying to limit your risks.