|
|
|
Does a Trademark Search tell me definitively 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 harm 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.
Trademark Search - Frequently Asked Questions
- Is it advisable to conduct a search before I apply to register a trademark?
- What is a Comprehensive Trademark Search?
- Does a Trademark Search tell me definitively if a mark is available?
- What type of information will I receive when I perform a trademark search?
- What are copies of the cited trademarks?
- How can I determine if a prior trademark may constitute an obstacle?
- What is a trademark search analysis?
- What are pending marks or applications?
- What are abandoned marks?
- What are dead marks?
- What are live marks?
- Is a business name the same as a trademark?