Intellectual property searches are invaluable tools to gather and analyze data, particularly for acquiring competitive information. IP searches help companies learn a lot about their market, their competition, and how their products or services can be successful. The data gathered during the search phase can be used to develop a precise business plan and a rational business approach against competitors.
IP searches not only confers a rough estimate about the property that can be registered (such as trademarks and patents) but also provides information about the latest developments in the market. Also, companies get information about possible infringement issues that may occur in the future.
Contact your patent and trademark attorney in Monroe County to learn more about IP searches.
Trademark searches – a definition
Trademark searches are the most common IP searches conducted in the business environment. Trademarks are very important for companies as they can unlock the doors of success. They are directly linked to the branding of a product, how it works and what makes it special on the market. Trademarks are essentially what makes a product special on the market, and companies often want to protect them. Because of their critical importance, companies should pay special attention to brand selection and design implementation, which are integral parts of the trademark search.
Contact your patent and trademark attorney in Monroe County to learn more about trademark searches.
Trademark searches - why should you do it?
Trademarks are the main signs by which a company or an individual identifies a service or a product on the market. Every product that is available on the market has a trademark – a special sign that makes it unique. These signs can be the logo, various signs, lettering, a combination of colors, packaging, and so on. Trademarks should be registered if a company wants to protect itself against competitors. The owner of the trademark has the exclusive rights to use it in relation to goods and services.
The search is the set of procedures conducted before a company files for trademark registration. During this process, the company, together with an intellectual property attorney, determines whether the trademark is free to use and there are no current duplicates on the market. The search is usually done in the class of product or service to which the new trademark applies. For instance, a beverage company that wants to register a new trademark for a soda drink will conduct its search in the same niche, and look for similar trademarks.
Trademark search provides useful data on possible similar applications, and it shows whether registration is possible or feasible. Similarly, companies who conduct trademark searches can avoid unnecessary registration costs – if similar applications were filed, the company will avoid filing their documentation. What's more, trademark search provides important information about the competition. Companies can learn about trademarks that are already registered by the competition, their niche market, and what they are designed for.
An extensive trademark search can provide excellent information about current market trends, consumer interests, and preferences. For instance, if you discover an increase in “organic” trademark registration, you can observe a trend, as more competitors are active in this sector. An in-depth search can also show you what type of organic products or brands are trending and may help you plan a new product launch in the same sector (or avoid it entirely). Talk to your patent and trademark lawyer in Monroe County to learn more about trademark searches.
Large companies perform regular trademark searches and often work with multiple intellectual property attorneys to gather and interpret the data. Companies may use regular searches in order to detect similar or identical applications. If found in time, companies can file an opposition to their registration, where applicable. This is a great way to protect your trademark against possible infringement, with minimal costs and legal implications.
Trademark searches – what to consider during your search?
There are various strategies to implement when doing your trademark search. Depending on the type of information you want, there are different routes to follow:
- if you are looking for trademarks filed by companies – you should use the company's name (the applicant of the registration) as the main keyword during your search; however, large companies have hundreds or even thousands of different trademarks, so make sure to refine your search with multiple niche-related keywords; also, try to refine your search with classification codes; if you are unsure about this aspect, contact the best patent and trademark lawyers in Monroe County to learn more;
- if you are doing anteriority searches – use classification codes during the first phase of your search; look for trademarks recently filed in your specific niche; for instance, if you sell candy, look for new trademarks filed in the sweets and candy class;
Keep in mind that trademarks are registered and closely associated with a product or a service. Because of this, the applicant must provide a list of classes related to the products and services intended to use the trademark. Essentially, a trademark is always linked to a product or service, and you have to carefully determine it before starting your search. The classification of products and services is published in the Nice Agreement and is called the International (Nice) Schedule of Classes. Talk to your patent and trademark lawyer in Monroe County to learn more about product classes.
Conducting the search
The trademark search can be conducted in two ways:
#1 - Internal searches
Many companies often conduct their trademark search in-house, in an effort to avoid hiring third-party experts and to reduce costs. This method is ideal for small companies, which have few trademarks. Small companies do limited trademark searches, so the risk of conducting them improperly is reduced. However, there is still room for error.
Internal searches are often done on IP online databases, usually by the small business owner. Most of these services are free of charge but cover only a limited geographic area. Other databases can be used, such as the WIPO, but the costs can rise dramatically.
#2 – External searches
Medium and large companies find navigating the minefield of intellectual property very difficult. In an effort to avoid unnecessary risks, they often hire external help to conduct trademark searches. Typically, intellectual property attorneys are experts in trademark searches and can help companies during the process. Experts have access to multiple databases all across the world and can conduct searches on a local, national and international level.
Contact your patent and trademark attorney in Monroe County to conduct an external trademark search.
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