The Step-by-Step Guide to Conducting a Trademark Search
A trademark search is a process to find out if the name, logo, slogan or any other identifying mark that you plan on using is registered or already in use by someone else. This will not only be true for your country but also for many other nations if you plan to expand internationally.
What is a Trademark Search?
A trademark does not refer to a name alone. It is a symbol, colour combination of word, design of anything that represents your business or product and helps in creating an identity among consumers. The reason behind trademark protection in law is to prevent consumer confusion due to similar products.
Why is it so Important to Perform a Search?
If you skip performing a trademark search, you could face legal action. What if someone sends you a legal notice after investing in your trademark? You would have to stop using your trademark then.
The reasons for performing a trademark search include:
- Creating no legal conflict with others' trademarks
- Using an original trademark
- Easier trademark registration
- Gaining credibility and trust
Trademark Search Approach
A methodical approach will help increase the chances of identifying any conflicting trademarks:
Step 1: Identify Your Mark correctly
Make sure you are looking for a word mark, logo, tagline, or both.
Step 2: Make variations or other possibilities
Collect another similar spelling, synonyms, abbreviations, or sounds-like names.
Step 3: Perform search on Trade Mark Search Database
Utilize official trademark databases to identify any similarities.
Step 4: Advance Your Search
- Identifying similar-sounding words
- Making translations
- Finding marks that share meaning
Step 5: Look for Online Evidence
Additionally, look for websites, social media handles, marketplaces.
Step 6: Analyze the Results (already exist evidence) on data base
All matching marks do not mean you cannot continue. It depends on the chances of confusion.
Conclusion
Trademark search is sometimes viewed as a technical exercise, but in reality, it serves as the foundation for the entire project. Originality is no longer enough to develop an effective and profitable brand.
Trademark is an identity of your product/company in global market that makes your company/brand separate from competitors and make easy for customer to choose it. So before branding your product/company trademarks search play a very important role.
About Effectual Services
Effectual Services is an award-winning Intellectual Property (IP) management advisory & consulting firm offering IP intelligence to Fortune 500 companies, law firms, research institutes and universities, and venture capital firms/PE firms, globally. Through research & intelligence we help our clients in taking critical business decisions backed with credible data sources, which in turn helps them achieve their organisational goals, foster innovation and achieve milestones within timelines while optimising costs.
We are one of the largest IP & business intelligence providers, globally serving clients for over a decade now. Our multidisciplinary teams of subject matter experts have deep knowledge of best practices across industries, are adept with benchmarking quality standards and use a combination of human and machine intellect to deliver quality projects. Having a global footprint in over 5 countries helps us to bridge boundaries and work seamlessly across multiple time zones, thus living to the core of our philosophy - Innovation is global, so are we !!!
Solutions Driving Innovation & Intelligence
Enabling Fortune 500's, R&D Giants, Law firms, Universities, Research institutes & SME's Around The Globe Gather Intelligence That
Protects and Nurtures Innovation Through a Team of 250+ Techno Legal Professionals.