Why is it important to conduct a trade mark search?

Prior to filing a trade mark application, one of the first recommended steps is to carry out a trade mark search.  A trade mark search is of fundamental importance as it explores the current trade marks on the databases and aims to determine whether your application could face any challenges during the registration process.

One of the common challenges that individuals and businesses face when filing for a trade mark application is finding out that a highly similar or identical trade mark already exists. The owner of these highly similar/ identical marks could approach the trade mark applicant asking them to withdraw their application or proceed with filing an opposition. Therefore, if a trade mark search is not carried out prior to filing an application, you or your business could be entering the registration process without adequate information, which could lead to costly repercussions and a failed application.

Another reason why a trade mark search is of fundamental importance is because it gives you an indication as to whether your trade mark is distinctive enough to be accepted by a trade mark examiner. In accorrdance with UK trade mark laws, a trade mark which provides consumers with an indication of its commercial origin or services cannot be registered as a trade mark. 

Therefore it is strongly recommended to obtain a trade mark search as it provides you with potentially invaluable information which your application could depend upon, giving you the best chance for success.

Here at the Trademarkroom we offer a very basic free UK and EU trade mark search which will highlight any identical trade marks which are registered in identical goods and services. Alternatively, we offer an advanced search report which has a fee of £100.00 plus VAT and is the recommended option as it is far more extensive than a basic search .

For any further information and advice, contact the Trademarkroom today.Sena Tokel

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