As the number of trademark applications is increasing day by day. This means that people are slowly becoming aware of the importance of trademarks for their businesses. Still, it is not compulsory that all trademark applications are approved. In contrast, many of the applications are rejected either due to similarity with any registered trademark or incomplete application and more. Therefore, in order to reduce the chances of rejection or objections to your application, you must conduct a proper trademark search. With the help of this process, you can figure out that your trademark is not similar to any other already registered trademark. Initially, you can conduct a trademark search on google, and then to be sure, you can contact a trademark attorney who will help you with this process. He will conduct a search on a deeper level by searching for similar marks on the IP database. Scroll down to check the meaning and importance of Trademark Search.
What is a Trademark Search?
Before we discuss the importance of Trademark Search, let’s discuss the meaning of Trademark Search. Trademark search makes it easy for the business to register their trademark by searching for any similar marks that can hinder the registration process. Once you are sure that no other similar mark exists, you should only file a trademark registration application. Moreover, a proper trademark search not only helps you search for a registered whereas, but you can also search for a business name, company index, trade name, and newspaper index. You must keep a note that a trademark search is not only conducted for a word or phrase. In contrast, the classification by Vienna code also specifies measures through which you can search for similar logos.
If you conduct a trademark search and find any identical mark, then you can alter your mark before submitting the application. This will increase the chances of your mark getting registered without any objections. Therefore, the main aim of performing a trademark search is to check whether your chosen mark is available for registration; if not, you can change it and then apply for a trademark. Moreover, if your mark is available for registration, then you can file a trademark registration application, and there are fewer chances of your trademark application getting rejected due to similarity.
Importance of a Trademark Search
Searching for a mark that can make your business different from other businesses is a tough job, and people usually spend a lot of time in finding a trademark. Therefore, once the owner has thought of a mark, it is a must to run a trademark search. This will help you understand whether your mark is unique or if someone else already uses the same trademark. The importance of trademark search can be understood as it is the first step in the trademark registration process, and by conducting a proper search, you are aware that you are not infringing on the trademark rights of any other party.
Advantages of Trademark Search
The most important advantages of a trademark search are mentioned below:
- Saves Time
By conducting a trademark search, you are already aware that no identical trademark is already registered. Therefore, your application will not be rejected for similarity by the registrar, and no objections will be raised in this regard by a third party. This will save your time, and you will receive the trademark registration easily and on time.
- Save Money and Resources
If you have not performed a trademark search before filing an application and any similar mark is found by the registrar or the opposing party, your application will be rejected. Therefore, all the money you have spent on submitting the application will be in vain. Moreover, all those resources you have used to file an application will also get wasted. Therefore, trademark search being the first step in the trademark registration process, is essential to save money and resources.
- Avoid Legal Proceedings
If you fail to conduct a trademark search and start using a mark that is already registered. Then, there are chances that the owner of an already existing trademark may take legal actions against you. Therefore, you being the wrongdoer, intentionally or unintentionally, will have to bear the fees of court proceedings and the penalty. Due to this reason, it is important to initiate a trademark search and start using the mark after registration only when you are sure that no such trademark is already in existence.
- Avoid Rejection and Save Efforts
Generally, as a company thinks of a mark, they file a trademark application in a hurry and start using the mark after filing the application. The company has started marketing its products with the same mark and has spent huge on it. After doing all of this, if their mark gets rejected due to similarity, then all of their efforts will be wasted. To avoid this practice and save your efforts, you must always conduct a trademark search or contact a trademark attorney who will initiate a trademark search for you as soon as you get an idea.
- Assist In Getting Information
While performing a trademark search, you will get an idea of the trademarks that your competitors use. Moreover, this will help you think of a unique and more useful trademark that can help you build your brand image in the competitive market.
Objectives of Trademark Search
A trademark search in the business area is a dependable and efficient method for choosing your brand name or symbol. Before using a new brand name, image, logo, etc., the majority of IP industry experts advise performing a search. A business runs the risk of having its registration denied if it fails to check the availability of a brand.
The goods of the company might already be on the market and bear a mark that is similar to or identical to it. If you start using a mark that is similar to an already existing mark, then the owner of such trademark may file an infringement suit against you.
- Applicants look up both authorised and pending registrations in the formal trademark databases to avoid the possibility of infringing on the rights of anyone else. They scan the market using common law for competitors using similar, unregistered brands.
- A search for strangely similar or nearly identical trademarks is necessary to determine whether a brand is qualified for registration. Consequently, similar questions must be asked during an infringement inquiry.
Conclusion
After discussing the importance of Trademark Search, it is clear that before registering a brand[1] or enforcing your infringement rights, you must conduct a trademark inquiry. It’s also essential to become acquainted with the proper resources and techniques if you want to achieve the intended outcomes from your trademark search. When done properly, the benefits of trademark search go far beyond financial gains and interests. Although many businesses perform their own trademark inquiries, hiring a knowledgeable trademark attorney to complete the work is advisable to save time and money.
Also Read:
Importance Of Trademark Registration And Its Cruciality
