TRADE MARK SEARCH A search acts as a preemptive measure to ensure that the same mark or a similar mark is not already in use by others. Conducting a trademark search is part of the application process to register a trademark. If there are other marks that: Look the same as (or similar to) yours, for the same (or similar) goods or services, or Sounds the same as (or similar to) yours for the same (or similar) goods or services pick an alternate from your list or make changes or alterations to your trademark to differentiate your trademark from other known trademarks.
IMPORTANCE OF CONDUCTING TRADE MARK SEARCHES Minimize the chances of ever receiving a cease and desist letter Prevents lawsuit against the clients for trademark infringement and unfair competition Saves development time Avoid investment losses in creating/acquiring a Trade mark Evades negative impact on both the clients’ income and quality of life.
TRADE MARK SEARCH - A preliminary screening check to eliminate marks. Identity search – Finds information about one’s trademark. Similarity search – Finds similar or potentially confusing trademarks Contain word : finds marks with the identical ‘word(s)’ e.g. search for ‘Apple’ finds ‘Apple’, ‘blue apple’ Contain word starting with : finds marks starting with the ‘word(s)’ e.g. search for ‘Apple’ finds ‘Apple’, ‘blue apple’, ‘applera’ Contain word ending with : finds marks ending with the ‘word(s)’ e.g. search for ‘Apple’ finds ‘apple’, ‘blue apple’, ‘pineapple’ Part word : finds marks containing the ‘word(s)’ e.g. search for ‘apple’ finds ‘apple’, ‘blue apple’, ‘applera’, ‘pineapple’.
Using wildcards to enhance searches Wildcards are characters that the search engine recognizes. They add flexibility to your searches: Multiple character wildcard “ *” Use an asterisk to replace a sequence of characters (e.g., to search for pharmacy and pharmaceutical, use "pharm*"). Single character wildcard “ ?” Use a question mark to replace a single character (e.g., "organi?ation " will match different spellings: "organization" or "organisation"). Wildcards in front of characters string Wildcards can also be used in front of the search term (e.g., "*national" will match different terms such as "national" and "international").
CONDUCTING A SEARCH Search all registered and unregistered trademarks Search for trademarks that sound like, look like or mean the same thing Begin your search with the free trademark database Search the Internet informally for unregistered trademarks Check the availability of domain names containing your proposed trademark Seek the services of a professional skilled in searching for conflicting trademarks Consider consulting a trademark attorney for an opinion. It is essential to check whether similar names exist in the Register for which the Examiner by reject the trademark application. For this reason, a trademark search is important before applying for a trademark. This will also provide an assurance that you are not infringing another party's trademark rights; besides, it will provide deterrence against other traders trying to pass off their goods as yours.
We offer trademark searches of the name(s) you desire to register, having regard to the products/services you wish to offer. The report would list identical or similar marks appearing on the Registry. Additionally, we also advise our clients on how to avoid infringement and proceed for registration incase similar/identical trademarks do appear on the Trademark Registry. The trademark search report is provided within 24 hours.