Trademark search: checking availability of trademarks

You'll have invested a lot of time, resources and money into the development of your trade names. But, before you can register your selected names, it is wise to investigate their availability (via a trademark search). A trademark search provides you with a quick and easy answer to the question as to whether you can use your chosen trade names undisturbed.

Complete overview of availability

Everyone is looking for a unique place in the market in order to be successful. In order to test the uniqueness of your trademark you will undoubtedly use a search engine like Google. This would be a good start, but it's not enough to be certain that your trademark can be registered. A similar or comparable trademark may already have been registered but not yet launched into the market. Only a trademark search will provide you with a complete overview of your options.

Novagraaf’s trademark search examines all relevant trademark registers, can look for identical or similar trademarks and may be accompanied by appropriate advice from our consultants. Our experience will also help to highlight potential conflicts that you may not have considered. The well-known Fiat Panda, for example, was almost called Fiat Gingo, but Renault thought that this was too similar to their Twingo. Fiat eventually decided to keep the Panda brand name.

During a trademark search, it is also possible to examine the associations that some words may evoke. New names may have an inappropriate meaning in some countries. For instance, the introduction of the Ford Pinto in Brazil produced an unenthusiastic response from male drivers, while the Chevrolet Nova did not sell very well in South America, as ‘no va’ in Spanish means ‘doesn’t go’ or ‘doesn’t work’. A linguistic search will give you greater insight into the meaning of a name in the countries in which you want to operate. It will also examine the meaning of a word and its connotations and so provide more insight into the suitability of a brand name.

Mitigating risk

You will save money and time by performing a trademark search at an early stage of the development of a new trade name. What if a third party (with prior rights) objects to your trademark registration? It could mean that you have to stop your production process, remove all your products from the shelves and start to develop a new brand from scratch. The risks and costs associated with this can be enormous. With a Novagraaf trademark search, you can mitigate these kinds of risks. Please ask one of our consultants about the possibilities of a trademark search. There is always a search to suit your specific needs and wishes.

Examination after trademark registration

If no objectionable prior rights emerge from a trademark search, the procedure for registration of the trademark can be commenced. Following trademark registration, it may also be useful in some situations to investigate further. For example a so-called index search may produce useful information about the trademark rights of third parties,  in relation to the trademarks that they have registered. With an in-use verification search it is also possible to examine whether a third party is using its trademark correctly.

Would you like to know more about trademark searching?

For more information about the various trademark searches offered by Novagraaf, and the importance of these during the lifecycle of a trademark, our consultants will be happy to be of assistance. There is always a search to suit your specific needs and wishes. You can also contact us with questions about trademark registration, trademark watching and trademark infringement. You can do this using the contact form on the right top of the page.

If you are a small business active in your own country and would like to know more about obtaining national rights, click here for more information. If you are mainly active overseas, please click here.