Trademarks are what brands use in determining themselves and their distinct goods and services. Before you utilize a trademark, it is important to know whether the same or similar mark is already registered. If you infringe on someone else’s trademark rights, you’ll be in trouble with the authorities as you can get sued. You also won’t be able to create a strong brand with a trademark that’s already been used before.
Why Trademark Search is Important
As mentioned earlier, your business will be at risk of being sued when it utilizes a trademark that has been registered already.
A trademark search that’s effective and thorough identifies all the confusingly similar trademarks that are already registered to provide you with the opportunity in selecting a distinct trademark. This can help you save a lot of money on nonrefundable fees for trademark registration applications. You may even be saved thousands of dollars in the branding of your business!
A trademark infringement case can mean a suit that is going to cost you a considerable amount and it takes several months or even years to resolve. In order for you to avoid litigation, you’ll be asked in changing your name, signs, labels, website, packaging, and spend more money on the marketing on the new identity of the business. If you conduct a trademark search prior to the use of any mark, then you will most definitely avoid time-consuming and costly branding issues.
If you plan on sending an application for mark registration, a trademark search will boost the chances of your business to get an approval for the registration. One of the many reasons why authorities deny trademark applications is due to likelihood of confusion. There is likelihood of confusion when two trademarks are similar plus they relate to the same or similar goods and services. In such case, the two brands will become diluted and the public will think that the products and service came from a single source.
How to Perform a Trademark Search
A trademark search can be done by checking direct name matches but it can- easily become complicated, which is why it is likely for you to seek help in conducting a thorough search of registries.
The purpose of the trademark search is to uncover the trademarks that are the same or like the one that you plan on using. The search will also involve you checking whether the same/similar trademarks are used in goods or services that are related to the ones that you are or plan on catering.
Take note: marks can be very similar without being exactly alike. Names can be similar when they look or sound alike. When you are doing a trademark search, don’t forget to check for alternate word endings and spellings. Of course, it’s a requirement to unearth all exact matches.
It’s likely to have the same registered trademarks if goods and services aren’t related. Products and services that are related are often sold together like coffee and donuts and shoes and clothes.
Expanding the Trademark Search
Searching for trademark matches are exact can be easy with the Ministry of Economy and other registries; however, uncovering name and spelling variations are what can be difficult in locating. What’s more, design searches can be even more challenging.
A professional conducted trademark search in UAE can help you save time, plus provide you with complete results which is almost near to impossible on your own. If your search can uncover similar or confusing trademarks, you will find it difficult to know whether the similarity can result to a denial to your trademark application or lead to an infringement claim.
If you are uncertain about anything regarding your trademark, it is always best to consult with specialists on trademark search in UAE before you invest a lot of resources in branding.
Also, you must remember that most trademark searches can only uncover the registered trademarks. A trademark search that’s done without the help of experts won’t be able to find the trademarks that have been provided common law rights. These marks are the ones that can hugely impact your ability in using a trademark within a certain jurisdiction. A more comprehensive check on trademarks can help you in finding the marks that will have an effect on your business, brand, and registration application, and help ensure that you’re giving your final mark the protection it needs to take off. Click here for more details.
Brand name encroachment is estimated by the alleged probability of disarray test. Another brand name will encroach on a current one if the upgraded one is so like the first that shoppers are probably going to confound the two imprints, and erroneously buy from some unacceptable organization.