Trademark Search

Trademark/Trade mark search

Prior to commencing use of a trademark it is imperative to first conduct a trademark search. This will allow you to ascertain firstly whether the trademark is available for registration and secondly whether or not your use of the trademark infringes a third party’s registered or unregistered trademark rights. Unless you can prove that you have an earlier right which you may have acquired in terms of the common law (by virtue of your prior use of a trademark) an earlier identical or confusingly similar trademark (registered in relation to the same or similar goods or services) will, as a general rule, preclude you from using or registering you chosen trademark. It is important to note that the protection of well known marks may also extend to dissimilar goods or services (i.e. dissimilar to those in respect of which it is registered).

Ideally a trademark search should be done for both registered and unregistered rights and should include searches for identical and similar trademarks. Existing registered trademarks or pending applications can be located by conducting a search of the Trademarks Register. The analysis of search results in order to determine whether a proposed mark will or will not conflict with any trademarks revealed by a search can be particularly complicated and using the services of an expert in this field is recommended.

Regarding unregistered trademarks already in use, it is sometimes extremely difficult to obtain information on such marks unless an intimate knowledge of the particular trade exists. In doubtful cases it may be advisable to conduct a survey of the relevant trade. Searching for company and domain name registrations are generally good starting points.

The consequences of not searching are potentially severe and the importance of checking on the availability of a trademark cannot be overstressed. If use of a trademark has commenced and such use is subsequently prevented by a third party who has prior rights to the trademark, enormous costs may be wasted, for example in the preparation and production of stationery, brochures and products bearing the trademark. It could even result in litigation, or even complete withdrawal from the market. Furthermore, any goodwill or repute developed in the mark will be wasted and may even benefit the third party.

RevoMark specialises in conducting, analysing and reporting trademark searches. We make use of highly sophisticated software to search the trademark databases and have significant expertise and experience in this area. We are able to tailor our services to suit your specific requirements and offer both intermediary and guaranteed search services.

Call us for a FREE informal discussion or email us with your enquiry.