Trade mark searches
There are basically two types of trade mark search, although they are often combined :- a "registrability" search, to see if your trade mark conflicts with any existing registrations (in which case you would be unable to register it yourself).
- a "freedom to operate" or "infringement" search, to see if other people's trade marks restrict how you can use yours.
We can arrange both types of searches. We usually instruct professional searchers who have specialist experience in trade mark searching. Searches can be limited to particular types of product or to particular trade mark owners. They can also be limited by geographical area, only covering the countries where you want to use your mark.
Unregistered rights
Searches can cover either registered or unregistered trade marks or, for greater certainty, both. Even an unregistered mark, if it is being used, gives rise to certain "common law" rights which could impede use of another similar mark. Unregistered marks can be searched by consulting trade indexes, company name and domain name registers and common trade publications.
Watching searches & status watches
We can also organise trade mark watching searches, which check regularly for new trade mark applications and registrations similar to yours. These too can be limited to certain competitors, countries or fields of commerce.
You can also instruct us to monitor the progress of a particular trade mark application – for instance, one belonging to a major competitor – and update you on significant developments.
These two types of search help alert you to potential opportunities and risks, giving you the chance to shape your business strategies accordingly. In particular they allow you the chance to oppose, by the official channels, other people's attempts to register marks that conflict with yours.
The limitations of trade mark searches
No search can be completely exhaustive. The wider the search criteria, the greater the chance of a reliable result, but this has to be balanced against time and cost constraints. Please take account of this when assessing search results – there may be errors on the databases being searched, or they may not be completely up to date, or the search criteria may not be wide enough.
In particular in the case of freedom to operate searches, be aware that someone else may be using a trade mark, and therefore have rights in it, even if they haven't registered it. Generally a freedom to operate search should be tailored to cover both registered and unregistered trade marks. Searches for unregistered marks however are necessarily less exhaustive than searches for officially registered marks.
You can help make your search more effective by providing us with the names of others you know to be trading in your field, or details of trade marks and brand names that you're already aware of. You can also start your own web-based searches, and check out your competitors' marketing literature and press releases.
