Before you invest time, effort and money into developing and launching a new brand, it is important to know that your brand is not already in use or registered by others in the countries you are looking to trade in. Trademark searches are therefore often conducted for two reasons. Firstly, to check that the chosen trademark is available for use without infringing, and secondly, to check for potential obstacles in registering the trademark for your business.
A trademark search would provide you with a report showing a list of identical or similar trade marks that are registered, have been applied for, are currently in use, or have been in use in the relevant market sectors, in the countries you wish to trade in. With this knowledge, you will be able to choose a brand name that is unique and distinctive from other trademark already in the market – which is essential for establishing brand identity and developing your business in the long term.
A good trademark should mean a smooth and objection-free registration process, and going forward, the protection of the registered mark would be strong and not easily challenged. Just as importantly, choosing the right trademark will also reduce the risk of court proceedings against you by third parties claiming that you are infringing their trademark rights, which could lead to a costly and time-consuming rebrand of your business.
Searches are sometimes requested simply as a way of understanding and keeping track of your competitors by knowing, firstly, what trademarks they already have, and secondly, what trademarks they have recently applied for, in which countries, and for what goods and services, since this may give you an indication of the next step in their business direction.
