Define: Trademark Search

Trademark Search
Trademark Search
Quick Summary of Trademark Search

A trademark search is a comprehensive investigation conducted to determine the availability and registrability of a proposed trademark before it is officially filed with the relevant trademark office. The purpose of a trademark search is to identify existing trademarks that are similar or identical to the proposed mark and could potentially pose conflicts or obstacles to registration. Trademark searches involve searching databases of registered trademarks, pending applications, common law marks, and other sources to assess the likelihood of confusion or infringement. Conducting a thorough trademark search helps applicants make informed decisions about whether to proceed with their trademark registration and can minimise the risk of legal disputes, objections, or challenges in the future. Trademark searches are typically performed by trademark attorneys or professional search firms experienced in trademark law and practice.

Full Definition Of Trademark Search

An investigation to discover potential conflicts between a proposed trademark or service mark and any marks already in use in the marketplace. Preferably done before a proposed mark is used, a trademark search reduces the possibility of inadvertently infringing a mark belonging to another. Businesses can conduct trademark searches themselves, either manually in a Patent and Trademark Depository library, through a computer in one of the online trademark databases (for a fee) or by hiring a search firm to do the search for them.

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This glossary post was last updated: 28th March, 2024.

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