Eurimark is helping us for fast trademark registration; we benefit from a 24/7 service to answer our clients' most urgent requests. We appreciate the number of countries covered by the system that allows us to centralize for a single project all the registrations with only one contact.
Eurimark est le système le plus intelligent pour effectuer une recherche globale concernant la protection d'un nom de marque en Europe.
Does a Trademark Search definitively tell me if a mark is available?
Does a Trademark Search definitively tell me if a mark is available?
While trademark searches can provide you with extensive information regarding other marks that may be registered and the status of those marks (i.e., registered, pending or abandoned), searches do not provide answers as to whether your trademark will be registrable.
This can be explained by the combination of several factors.
First of all, the Trademark Office must examine your trademark to determine availability for use and registration. It will in particular evaluate whether your mark meets the legal requirements to become a registered trademark, such as having a distinctive character or being capable of graphic representation.
Please also note that trademark searches do not disclose all trademarks, and that third parties may consider that your trademark application harms their rights, even if their trademark rights have not been disclosed by the search.
Finally, it is also possible that owners of identical or similar trademarks may not see your trademark or may decide not to intervene against your trademark application, even if your application theoretically constitutes breaches on their rights. A trademark search will therefore constitute an assessment of the risks linked to your trademark application, but will not constitute a guarantee of registrability or of rejection.