Why do I need a trademark search?

The first step in a trademark registration process is to find out whether your trademark is available for registration or not. We recommend starting with this step to give you a peace of mind that your intended trademark is qualified for registration.

We have some case studies to read about the Benefits of Trademark Registration

Why does your mark need to “qualify for registration”?

First, the mark has to pass the legal requirements.

Secondly, there are approximately 250 trademarks registered in the UK every week, and someone might already have registered that name.

You might ask, what are the legal requirements?

In a nutshell, to satisfy the legal requirements, which set out by The Trade Marks Act 1994, your trademark should not be the characteristic or description of the goods or services you provide under the brand name.

For example, “cold beer” for beer or “sun cream” for cosmetic and medical products would be the characteristic and description of the goods and as a result it would not satisfy the legal requirements.

Secondly, the name can not be a generic term which used in your trade for the goods or services.

For example, the name “house builders” for building or construction services or “mobile phones” for the product of phones or the sales of mobile phones would be a generic term for the services or goods and would not satisfy the legal requirements.

Thirdly, the name which is not generic or descriptive but misleading the public about the product or service it isn’t satisfy the legal requirement.

For example, “alpha organic meat” for meat products when the meat is not organically produced would mislead the public.

Also, you would need to identify the correct classes for your trademark. There is a possibility to register a same name as a trademark for a substantially different business.

Take the example of the name “POLO”. It had been registered for the brand of a VW car, a sweet and the famous shirts.

Call us now on 0845 463 4173 to start with the trademark search!

What are the classes?

There are 45 trademark classes and all the product and services had been defined under these classes. You can check out the brief description of the trademark classes here.

The next test would be that your mark has to be unique in order to distinguish your business from another. Therefore, you can’t use or register a name which had been already registered by other trader.

So, you need to make sure that your trademark isn’t registered by someone else and you can use and register your brand name freely.

How can you do this?

As a first step, with a simple search on Google you can find out if someone using the name already for the same type of business. When someone else using the name already then you should find another name to make sure that you don’t infringe others’ rights and it will also keep you out of trouble in the future.

Also, a comprehensive search on the official trademark registry would be crucial to find out if there is any identical or similar names had been registered already, as this would prevent you from registering your mark.

At the time of the search, one would need to carefully consider the search criteria as similar names are also considered to be problematic for registration when they are in the same category of goods or services.

For example, “Primemarket” would be similar to an earlier mark Primark in clothing products and retail services and this would prevent the registration of the trademark.

So, these are the basic requirements for choosing and searching your brand for registration.

Is it look and sound complicated?

When you need help with the searches we can help you, as we are the experts in trademark searches, we will be able to carry out a comprehensive trademark search.

Our trademark search includes detailed searches on the UK and EU official trademark registers. We will send you the search report and advice on the prospect of success for your trademark registration.

Call us on 0845 463 4173 to start with the trademark search now!

How long the search takes?

It takes only 24 hours.

What do we need to carry out the trademark search?

We will need a name of the intended trademark and the description of business activities with your credit/debit card details for authorisation. We can these details over the phone.

We will not take payment until the search is completed and as a result we recommend that you can register the trademark. Then payment will be taken for the registration in full including all the fees.

Payment will not be taken if we don’t recommend registering your trademark.

Call us now on 0845 463 4173 to start with the trademark search!

You can find out the fees for a basic trademark registration in the UK here.

If you only want a trademark search without the registration you can call us on 0845 463 4173 and then we will work out the best fees for a trademark search only.

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