A new name, a new logo, a new country. The first question that arises is whether the name or logo is still available for use and registration.
You want to launch and register the trademark without any problems and not infringe on one of the millions of trademarks already registered. In short, for every new registration, the rule is: first conduct a search as to the availability of the trademark. Have you already looked on the Internet to see whether the name is available? A useful first check. But it is certainly not enough. There are countless trademarks not yet in use but already registered as trademark.
Knijff Trademark Attorneys: the search specialist!
Knijff is known as the search specialist. We have assisted in the successful introduction of thousands of trademarks. As a specialist we have developed special search services and knowledge to successfully guide your trademark to registration.
What is a trademark search?
In a trademark search the trademark attorney examines whether a new name or logo could encounter problems. After all, there may be trademarks that are too similar to the new trademark or logo. The trademark attorney selects the trademarks, analyzes them and looks not only at the legal risk but also at the business risk (not every trademark is actually an obstacle). With our assessment you will know what risks there are and whether the trademark is available.
There are different types of searches, each with its own risk coverage and costs. A search is a trade-off between budget and risk.
Full availability search (risk coverage: 99%)
A full availability search is a full risk assessment. All similar trademarks are assessed and you know what risks the name or logo entails.
Will you be using the trademark directly in several countries? If so, searches in all those countries are recommended. We have a special service for that: Multisearch®. This is a bundling of searches done by local agents via our special search platform Eugeno®. Fast, reliable and with local advice, because trademark law often works slightly differently in other countries.
Screen search (50% risk coverage)
A Screen search provides a more thorough risk assessment than the identical search. However, this search does not provide a full risk assessment like a full availability search. It reveals not only identical trademarks, but also similar trademarks, albeit less extensively than a full availability search. The search is therefore not complete, as in a full availability search, but it does give a good idea of the availability. This search is particularly attractive if a trademark has to be registered in various countries, but there is no budget to conduct a full availability search in each country.
Identical search (10% risk coverage)
An identical search is a knock-off search. It is a check to see if the identical name has already been registered by someone else. The search provides some insight into potential objections. We will conduct the search through special databases in all trademark registers that offer protection in a particular country or region. Such a search is not sufficient to determine the total availability of a trademark, but it does give a first indication. This search is useful, for example, if you have a number of names that are candidates to serve for the new trademark. After the search, you will have an idea which names are eligible for further searches.
Which search should I choose?
Tailor-made advice is recommend, because every trademark is different. In principle, we always recommend conducting a full availability search. This is the only way to ensure that you are aware of all possible risks.
As you can see in the figure below, the risk coverage is related to the scope (and cost) of a search. The lower the cost, the less the scope of the search.
Ultimately, the consideration of budget and risk is personal to everyone, so the choice is yours. If you would like more information or assistance with your choice, please feel free to contact us.