A trademark is a name, word or logo used to indicate the source of a product or service. A “trademark” technically refers to a brand used on goods and products, and a “service mark” refers to a brand used in connection with services. Almost every company imaginable has a trademark or service mark - either the name of the company advertised to the public or the name of its product.
Choosing a trademark is something that must be done correctly from the start. Conducting a search prior to filing an application is an inexpensive best practice that allows applicants to obtain a higher degree of success in the protection and registration of their rights. It is an optional (may be compulsory in some countries like Iraq), but often crucial part of the process of adoption and successful enforcement of a trademark.
Two Types of Trademark Search
Basically, there are two levels of trademark searches recommended: firstly, a preliminary “knock-out” search is conducted to determine if an identical mark has already been applied for or registered with the Trademark Office or with any state trademark office. This first and very important step helps determine the potential availability and registrability of a proposed trademark, and can easily determine whether a proposed mark is worth pursuing or should be eliminated from consideration due to conflicting marks.
If no conflicts are found in the preliminary search, the next step is to conduct a more thorough, due diligence trademark search. A comprehensive trademark search helps determine any further risks associated with the use and registration of the mark, including possible infringement risks, and reviews the extent of non-registered use of the mark around the country.
Contents of Trademark Search
A careful search, conducted by an experienced professional, can help to deal with or avoid some of the most common pitfalls that may bar registration. Most importantly, a trademark search will help discover potentially conflicting prior applications or registrations. In addition, it can help address or avoid potential refusals by the Trademark Office, as well as third-party oppositions, that can make the cost of prosecuting registration of your rights spiral. It may also help to anticipate and foresee potential problems that use of the trademark in the local market might face.
Important Tips
Generally, most searches are conducted exclusively based on the records to the intellectual property office. It is possible that certain distinctive signs are being used in commerce, without their owner having filed for registration. If this is a potential concern, conducting a full search or a comprehensive search for use in commerce is advisable.
Human error and technical limitations are also factors to consider. While utmost care is employed in conducting every trademark search, limitations inherent to the trademark database and the examining official’s personal opinion are factors that may affect the results. For instance, certain trade mark offices have no capabilities to allow third parties to search for visual similarity with logos or designs registered by others.
Contact Us
If you have further queries, don’t hesitate to contact Tannet anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143512 or 86-755-82143181 or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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