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Weighed down by paperwork? How to simplify trademark searches

29-11-2016

Making the decision to conduct a trademark search to protect your valuable brands around the world is easy. Trying to wade through, organise, and analyse the data so you can make a well-informed decision is the challenge.

It takes time, resources and money to create and launch distinctive and effective brands. But how can you be sure that the brand you have chosen is really yours to use? What if it has been registered or is being used by another party already in such a way that it would conflict with your use? Trademark searching provides the means to investigate the availability of a chosen brand in a specified field of business, anywhere in the world.

Developing a trademark searching strategy
In most instances, trademark searching is an important first step in any trademark registration or brand launch strategy, as it enables companies to avoid adopting brands that infringe third-party trademark rights.

However, as important as trademark searching is, many companies put off undertaking availability searches, as so many services in this area tend to result in volumes of unsorted, unmanageable and often irrelevant data that needs to be sifted through.

To assist brand owners in this area, Novagraaf has designed its Search with Advice service to combines all the benefits of world-class searching, with expert legal opinion, all consolidated into a clear, insightful, well-organised report. That means, speed to decision-making, speed to market and a true competitive edge, regardless of the number of countries covered.

The benefits of search with advice
The attempted registration of an infringing trademark can be costly and time-consuming, as it will invariably result in the other party raising an opposition to the chosen mark. Often this can happen after the new mark has been put into use, which can result in companies having to halt their production processes, recall their products, abort ongoing advertising campaigns, and then develop and launch a replacement brand at short notice.(There are additional implications for Europe-wide protection if an EU TM is refused in just one jurisdiction.)

As such, trademark searching should play a key in any trademark creation and registration strategy. The difference can be found in the way that the information is collated and shared.

Novagraaf’s own Search with Advice service has been designed to take the pressure off internal marketing and IP teams by providing clear and concise search reports, backed by legal and localised experience. Carefully vetted and managed, Novagraaf’s searching team is able to:

  • Cover 190 countries;
  • Provide accurate and sound legal opinions based on and in line with all relevant national and case law;
  • Think locally and globally assessing the chance for a successful registration and use in their country, while keeping in mind any international implications;
  • Determine and provide insight into whether there are any linguistic cultural issues associated with a proposed trademark.

In addition, customers are able to benefit from:

  • An overall legal opinion rendered by an experienced Novagraaf trademark attorney summarising key findings, such as ability to register, linguistic/connotation issues, availability, and synopsis of recommendations;
  • A consolidated risk assessment chart by country for holistic view and ease of comparison;
  • A per country legal opinion rendered by a local expert that includes the position of a potential trademark in all relevant classes, the likelihood of achieving a successful registration, an internet check to further investigate use and potential risk, and recommendations.

For more information on Search with Advice or to request a sample report, please contact us.