We strongly recommend that we conduct a comprehensive trade mark search on your behalf. We are experienced in the field of conducting trade mark searches and we will ensure that the correct search criteria is used to locate any confusingly similar trade marks and that the correct classes have been searched. We will also provide you with a full search report with advice relating to any existing trade marks that we feel are either identical or confusingly similar to your proposed trade mark and how you may be able to overcome potential conflict.
Consequences of not carrying out a clearance search.
Mr Bloggs decides to open a restaurant called 'CASA BELLA' and Mr Bloggs decides not to conduct any trade mark clearance searches. Within two months of Mr Bloggs trading as 'CASA BELLA' solicitors contact him to advise that his use of the restaurant name is infringing on their client's registered trade mark and requests that he ceases all commercial and corporate use of 'CASA BELLA'.
If Mr Bloggs agrees to change his trading name then the goodwill and reputation that he began to build up within the period that he traded as 'CASA BELLA' will be lost. Furthermore, Mr Bloggs will need to pay for the changes to his restaurant signage, advertisements, promotional literature and stationary to reflect the new trading name, and proprietor of the registered trade mark could commence legal action for the loss of profits through trade mark infringement.
Consequences of carrying out your own search but misunderstanding the results.
You decide that you wish to use a certain trade mark name in respect to a brand of clothing and, to save costs, you decide to use our basic search facility then apply to register that mark onto the UK Trade Mark Register.
You conduct a search for the mark EMERALD within class 25 (the correct class for clothing) and the mark appears available. Subsequently, you then decide to apply to register that mark onto the UK Trade Mark Register but during the examination of the application the Register raises an objection to the application on the grounds of a confusingly similar trade mark within class 35 that is already registered in respect to retail services relating to clothing.
Furthermore, as a consequence of filing your application, the owner of the existing trade mark now becomes aware of your proposed trading activities and writes to you to request that you cease all commercial and corporate use of your trading name otherwise they will sue you for trade mark infringement. Result, you lose your filing fee of at least £200 in submitting your application to the UK Trade Mark Registry and you face the costs of changing all of your labels, swing tags, labelling, stationery etc. that displays the EMERALD trade mark.
To conclude. For the sake of £80+VAT, to ensure that your proposed trade mark is available for you to use and maybe register onto either the UK or European Community Trade Mark Registers, we strongly recommend that we conduct our own comprehensive trade mark clearance searches on your behalf to ensure that your proposed trade mark is available for you to use in respect to the goods and services that you intend to supply.
Our comprehensive searches are conducted on the UK, European Community and International Trade Mark Registers as European Trade Marks will be protected within the UK and International Trade Marks can designate the UK as part of its protected territory