Thanks to a trademark search you can get a general idea about activities of your competitors. You can find out whether there are other users or owners of a trademark who legitimately or illegitimately use a similar or identical mark, and thus you can learn whether anyone is infringing your trademark.
Searching is an integral part of a responsible trademark strategy in case of:
- word or design marks
- company and domain names
- business names
- proper names
- protected titles.
Registrability search or in-use search?
If you would like to register a new trademark, you should have a registrability search conducted. If you already own a trademark, you should opt for in-use searching.
Registrability search for your “desired mark”
You have found a name for your mark or company. Before you launch or register your mark, however, you should have a registrability search conducted. The Trademark Conquerors will be happy to conduct a registrability search for you in order to check if your application for a “desired mark” is not potentially conflicting with any earlier marks.
Should you be using a mark which is protected (either pending or already registered), you are infringing someone else’s trademark rights, which could mean litigation.
In-use search for a trademark owner
If you own a registered trademark, you should have an in-use search conducted in order to find out whether third parties are infringing your trademark.
Whether a national, international or worldwide search is necessary, depends on the geographical spread of your trademark (national, CTM, international).
A trademark is a valuable asset. Unauthorised use of a mark means the rightful owner may loose business and goodwill.