A trademark applicant is not required to look into trademark conflicts before using a trademark or submitting an application to register one. The primary rationale behind performing a trademark search is to shield oneself from liability in cases involving allegations of trademark infringement. Finding potential past users is the second most important reason, as it will save you time and money by avoiding the need to change a name after you have already invested those resources. If your intention is to register a mark with a trademark office, then the third and most important factor is applicable. If the mark you are trying to register is the same as, or “confusingly similar” to, the registered trademark of another company for the same or similar goods, your application will be denied and the registration fees are not recoverable.
Before submitting a trademark registration application, make sure you have conducted a comprehensive trademark search. This is to confirm that no other company has already registered the trademark you intend to use, or one close to it, for products that are the same or similar. To avoid future infringement difficulties, it is recommended that you conduct a trademark search not only in your own country, but also, to the degree possible, in potential export countries.
You have three alternatives for doing a trademark search: use a business’s trademark database, go through the Trademark Office, or hire a trademark agent. Whatever approach you settle on. Please keep in mind that this is only the beginning of the trademark search process. It may be difficult to ensure that your selected trademark is not “confusingly similar” to any existing, lawfully registered trademarks. As a result, receiving guidance from a qualified trademark lawyer or agent who is familiar with court decisions and trademark office procedures can be quite advantageous.
It is strongly recommended that you conduct a search before submitting a trademark registration application.
You can send us an online request for a trademark search; please include your brand name and a list of the goods or services you want this trademark to cover.
NOTE : Please provide us your complete contact details along with name, address and phone and fax numbers for prompt response.
