- Avoid Conflicts with Existing Trademarks: A search identifies existing registered trademarks, pending applications, or unregistered (common law) rights that may conflict with your proposed mark, reducing the risk of oppositions, refusals, or infringement lawsuits.
- Save Time and Costs: Identifying potential issues early can save significant costs and time, as oppositions, refusals, or legal disputes can lead to lengthy proceedings or the need to rebrand.
- Ensure Legal Compliance: When a trademark attorney conducts a search, they also assess inherent registrability of the mark to ensure your trademark complies with local laws, such as avoiding descriptive or non-distinctive marks that may be refused in jurisdictions with substantive examination.
- Support Global Branding: For businesses planning to operate in multiple countries, a search across jurisdictions helps avoid unintentional infringement of third-party rights and ensures a consistent brand strategy.
Practical Steps for Trademark Searches:
— Use national trademark databases (e.g., EUIPO for Europe, Rospatent for Russia, USPTO for the US).
— Use international databases like TM View or WIPO’s Global Brand Database.
— Hire a trademark attorney or use professional search services to conduct a thorough analysis, including unregistered (common law) rights in jurisdictions where they are recognized (e.g., the UK, US).
Jurisdictional Considerations:
In the EU, where there is no substantive examination, a search can be crucial to determine the risk of potential oppositions, as the EUIPO will not flag conflicts.
In Russia, a search is equally important to avoid refusals during substantive examination, as Rospatent will proactively reject marks that conflict with prior rights or fail on absolute grounds.
Takeaway: A thorough trademark search accompanied with a professional legal opinion is not just a formality—it’s a strategic investment. It safeguards your brand’s uniqueness, legal standing, and long-term success in the marketplace.
