What is a Trademark Search?
Trademark search is the initial step in the process of trademark registration and always recommended. It is the process to see if a similar/identical mark has already been applied for or registered as yours. It is also done to assess the strengths and weaknesses of your mark and the likelihood of a successful registration.
Is Trademark Search important?
Yes, through Trademark Search only we can find out about the strength of the mark. Meaning it can be concluded that whether such mark will face any difficulty in getting registration or whether it will be a smooth, hassle free process. It will also help in decreasing the chances of any future litigation, by finding out whether your mark is infringing someone else mark or not, which in turn will save your money and time.
What is the suitable time to conduct Trademark Search?
A search before you start using your mark in commerce and prior to trademark application is suggested in order to try to establish whether the same or similar marks already exist, as it will save your time and money.
The search is conducted by whom?
We, at Lex Protector have a team of highly efficient legal professionals, who have gained expertise in the field of Intellectual Property Rights. Our efficient team conducts the search within brief time to deliver the best results to you.
How much time is needed to complete the search?
It takes two to three business days to complete a Trademark Search.
What are the information required to do the Search?
We need certain information from your end to go on with the search. As a reason of which we provide you with a questionnaire, which contains some very basic information regarding the mark and your business. In case if you find any difficulties in filling up those details or any information is missing, we may contact you with your given mail ID or contact number for the details. Basically the name of the mark, type of goods/service for which you are using it in commerce and the first date of use of your mark are the primary requirement.
If the search result is clear, can I start using the mark without registration?
You might go on and use the mark, but we will not advise that. The reason behind this is, at the time of the search there might not be any similar mark, but later on any mark similar to yours may come and register themselves. At that time if you do not have a registration, you have to prove that you are the honest concurrent prior user which is quite difficult to prove. On the other hand if you have a registration, your registration will be considered as the conclusive proof of your ownership over the mark. So, if the search result is clear we advise you to start with the registration procedure at once.
Does Trademark Search help in getting registration?
The Trademark search discloses marks which are identical or confusingly similar, to your mark. So, in the future if any objection is raised by the registry we know how to deal with it. Which in turn expedites the registration procedure.
If a similar mark is found, what can be done next?
If any similar mark to that of yours is found, we will suggest you to make some changes to the existing mark or come up with a new mark. For the amended or the new mark we will conduct an independent Trademark search and guide you.
What are the outcomes of not opting for Trademark Search?
If you continue to use the mark or file an application without first conducting a Trademark Search, you may be infringing on someone else mark. If that is the case and the individual files an infringement action against you, you will be barred from using the mark, which will harm your reputation and goodwill in the market. We strongly advise conducting a Trademark Search for the reasons stated above.
If the Trademark Search shows no similar mark, is it possible that in future there will be objection against the mark?
Yes, at the time of conducting the search it is possible that there are some unregistered marks which are not present in any of the database at the time of search. Which at a later point of time might come forward claiming their ownership over the mark.