When filing your application for intellectual property (IP) registration, whether it is for a trademark, trade design, patent or copyright, it is essential that an IP search is carried out. Through enlisting the professional search services of a consultancy firm or attorney, you can ensure your property is original and available for registration.
The importance of enlisting IP search services
By conducting an IP search on the applicable database from the IP office you seek registration from, you can successfully ascertain if the property is already in commercial use, or whether you have the right to own it.
Although each intellectual property office (IPO) will conduct a search of their database when they receive an application for registration, it is far more beneficial to conduct a search independently prior to sending your application. By performing a search before you send your application and fee you can ensure that all actions have been exhausted in verifying the authenticity of your property. This will also prevent you losing your fee in the instance that the application is rejected on ground of authenticity.
If you enlist the services of a professional consultancy firm or trademark attorney to conduct the search, this will demonstrate in court that you used due diligence and acted in good faith when registering your intellectual property.
The main benefits of IP search services include, but are not limited to;
- Ensures the intellectual property is available to register prior to filing the application
- Save application fee, because if the application is denied the fee will also be lost
- Proves to a court of law you showed due diligence when registering your IP
- Enables you to ascertain what similar intellectual properties there are, which are used in the same industry as the one you operate in
- Conducting IP searches through a specialist or professional consultancy firm will speed up the process dramatically
Particularly with trademarks, a trademark search is vital to conduct prior to filing the application for registration, as this will ensure the mark is not already in use in that particular country and is not representing similar products or services. You cannot register a similar mark as this would likely cause confusion to the public and could result in cases of passing off.
It is important to acquire the appropriate intellectual property search services depending on the type of IP you want to register. A professional consultancy firm or attorney can assist you with search and registration services and will effectively speed up the overall registration process.
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