It is highly beneficial and advisable for all trademark owners to perform research during the development and registration stages in order to avoid unnecessary complications with the registration of their mark. By conducting research, you can ensure that your mark is compliant with the jurisdiction’s trademark laws in place. It may be advisable to enlist the assistance of a professional consultancy firm when conducting your research as an experienced consultancy firm can guide you on how best to carry out your research to find the results you are looking for.
Importance of a undertaking trademark research
As mentioned, there are two primary stages in registering a mark that must be researched properly; the initial design stage and the availability prior to submitting the registration application.
When creating the initial design to represent your goods or services it is advised that you conduct thorough research. By conducting research on the relevant trademark registry’s guidelines on acceptable trademark designs, you can effectively ensure that your mark complies with relevant laws, appropriately represents your services or goods, and helps to build your brand.
Researching the variety of trademarks used by your competitors, and by researching the most successful types, you can obtain an understanding of the type you should create that will help develop customer loyalty and build brand awareness.
The requirements and standards of designs will vary from one registry to another, and so it is vital that your mark is designed in a way that renders it acceptable for registration in all jurisdictions you seek trademark rights in.
Owners must conduct research with regards to finding out if their intended trademark is in fact available to use. This can be achieved by researching the relevant registry’s database of registered marks to ascertain whether your mark is already in use, or is confusingly similar to existing marks. It is a common rule across the board that trademarks must not be the same or similar to others in a bid to avoid confusion to the public, and cases of passing off.
Although is it not obligatory to conduct trademark research it is high advisable to do so in order to significantly reduce the risk of your mark being rejected by the registry on grounds of not being ‘available’ to registry. However, due to the complexity surrounding the interpretation of trademark search results, it is common for owners to obtain the services of an attorney or professional consultancy firm.
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