We conduct a search of the trade marks register, often in conjunction with other research tools. It is only by conducting such searches that we can determine if a clients chosen trade mark is free from third party encumbrances and capable of registration.
The assessment of whether a prior trade mark or other earlier right constitutes a problem requires the input and expertise of a trade mark attorney.
For some clients we will also conduct a common law search to ascertain whether a third party has prior use of their chosen trade mark because such use can prevent both the application for registration and the ability to use the mark in question. This type of search is generally conducted in countries which respect and enforce user rights (as distinct from registered rights) against third parties. The UK, US and Australia are among the countries that, in certain circumstances, do so.
Sign up to our mailing list to receive Mathys Matters, our monthly newsletter covering the latest IP news, industry insights, events and case law.
If you are interested in receiving quarterly newsletters relevant to our core sector groups - IT & engineering ('Inside Wires') and life sciences & chemistry ('Under the Microscope') - please select your preference(s) below:
Please select your practice area(s) of interest: