What is a trademark search?
A trademark search is a review and analysis of filed/registered trademarks that are identical and/or similar to the selected designation, performed by qualified patent and trademark attorneys and search specialists.
A properly performed search enables clients to:
- decrease the risk of infringing third parties’ rights, and in this way save time and money when introducing products with the selected trademark to the market,
- draw up effective sales and promotion strategies for goods and services,
- make more informed decisions when engaging in brand development,
- protect their resources more effectively,
- amend the list of goods and services in a trademark application to increase the chances of obtaining protection,
- monitor competitors’ activities.
Types of searches performed by JWP:
- trademark search with opinion – search for identical and similar marks with assessment of chances of registration through the analysis of distinctiveness of the searched designation. Indication of trademarks which may constitute a basis for an opposition filed by their proprietors. Collection of initial information on potential market risk resulting from prior rights.
- trademark search without opinion – indication of trademarks which may constitute a basis for an opposition filed by their proprietors.
Additional search options for the types of searches mentioned above:- countries of the European Union – search among trademarks registered in the countries of the European Union under national procedure. Especially useful if the client intends to file a trademark with the European Union Intellectual Property Office (EUIPO).
– pharmaceuticals – search for identical and very similar names of dietary supplements and medicinal products and which obtained marketing authorization in Poland.
– trade names and domain names – search for identical names in the National Court Register and the Central Business Activity Register and Information Record, and among domain names.
–names of plant varieties and geographical indications – search for identical names in databases containing the names of plant varieties and geographical indications for foodstuffs/agricultural products and alcoholic beverages.
- device search – search for visually identical and similar marks in the light of figurative elements, with assessment of chances of registration. Indication of trademarks which may constitute a basis for a potential opposition filed by their proprietors. Collection of initial information on potential market risk resulting from prior rights.
- clearance search – search for identical and similar marks in order to establish whether the client who intends to use his mark without registration may be threatened by infringement claims raised by a third party.
- other types of search – our firm also performs other types of searches (for instance, legal status verification – checking the status of a trademark, portfolio – itemized trademarks filed/registered in the name of a specific entity).