Product Description of Trademark Availability Search
With this order form we deliver an availability search for similar pending or registered trademarks. The report contains a statement from a lawyer specialised in trademark law regarding the registrability of a trademark and the risk of collision with trademarks already registered.
Why is a trademark search important?
The search for trademarks highlights current avoidable risks and can reveal how collisions can be avoided. The trademark search is important, in order to avoid collisions with prior trademarks. Such collisions can lead to rejection of the trademark application for registration, appeals, warnings, and further damage claims.
What ensues after the placement of your order?
As soon as we receive the search order, we check on the basis of the information available the classes in respect of which the search must be conducted. To that extent, classes refer to an international classification of goods and services, in respect of which trademarks are protected. As the case may be, our trademark attorney will call you to determine with you the scope of search.
What features include the scope of the search and report?
We conduct the following search:
- Search for identical and similar trademarks in the desired classes among national protection rights in respective countries.
- Search for identical and similar trademarks in the desired classes under Community and IR trademarks, as far as it is relevant.
The determined trademarks will be analysed and selected through an experienced lawyer specialised in trademark law. Quality assurance is carried out through counter-check by a second lawyer.
We prepare a search report with a clear and plain conclusion, about whether or not the mark, basically, is suitable of being registered and whether or not any prior marks have been discovered that might conflict with the sought-after trademark. All relevant marks will be listed along with detailed information.
How do I receive the report?
You will receive the report within a few workdays by e-mail. The e-mail will contain a link by which you can place the order of application for registration of the trademark, if so desired.
What happens if conflicting trademarks are found or the trademark cannot be registered at all?
If we arrive at the appraisal that, basically, the trademark cannot be registered, for example, because it is descriptive or is not distinctive and is therefore not suitable for registration, we will so advise you quite clearly and give details about how to design the trademark differently.
If conflicting trademarks are found, we can only refer to an existing risk of conflict. In that case, you can modify the trademark and/or cancel the goods and services in respect of which protection is claimed by the registered trademarks as discovered.