Trade Mark Search and Clearance
Why Search For a Trade Mark?
Most importantly, because It can save you thousands of pounds in litigation fees!
Searching the relevant trade mark register is essential before you decide to file a trade mark application. Performing a search will flag up whether there is a conflicting similar or identical trade mark, and therefore, if your name is already taken.
Having this information will help you to decide whether you need to go back to the drawing board, or if it’s safe to file the trade mark. If a search is not conducted and you file a mark ‘blind’, you run the risk of another company/individual opposing and/or filing a claim of trade mark infringement.
FREE UK KNOCK OUT TRADE MARK SEARCH
If you are ready to start the process of protecting your brand, or you are creating ideas for your brand name, we strongly advise asking us to conduct a free cursory knockout trade mark search as the first step to understanding if your mark is free for registration.
What Does This Search Include?
We will search the UK Trade Marks Register for any marks that are identical or almost identical to your proposed trade mark. If an identical trade mark is found we will provide expert advice on your recommended next steps. If there are no earlier identical/almost identical trade marks, we will recommend filing an immediate trade mark application.
UK TRADE MARK CLEARANCE SEARCH
Are you looking for a risk analysis report that can identify the likelihood of your trade mark application being opposed, or a third party filing a claim for trade mark infringement?
A knock-out search is most commonly used for a quick assessment of high-risk marks i.e., earlier identical trade marks that are on the Trade Marks Register which may mean that your mark is not free to be used or registered. However, a knock-out search does not assess the level of risk from a similar mark.
We provide full risk analysis reports with a legal opinion of the likelihood of facing a trade mark opposition including a claim for trade mark infringement, and an overall recommendation of whether you should file the mark. We also advise on whether your mark will be accepted by the UKIPO examiner once it has been filed.
If you don’t want to leave anything to chance, this is the search for you. Our reports are designed in an easy to understand and easy to present style, perfect for corporate board meetings or to share with colleagues in your team.
INTERNATIONAL SEARCHES
If you are planning on using your trade mark in an area outside of the UK such as the USA, China, or the EU, we advise on a search specific to that territory. Trade marks are territorial, meaning that trade mark rights and protections only extend to that specific country.
We work in partnership with overseas Trade Mark Attorneys who can conduct these searches and provide an assessment on whether your trade mark is free to use and register.
TRADE MARK DISPUTES
Have you received a letter stating that you have infringed someone else’s trade mark? Or, are you concerned by another company’s use of a similar or identical trade mark? At Neo Percept IP we offer straightforward, pragmatic advice and solutions.
Are you looking for an intellectual property law firm in London and the UK? Contact us at Neo Percept IP on enquiries@neopercept.co.uk or book your free 30-minute consultation.