Is a trademark search necessary?

2018-04-11T09:01:45+00:00April 9th, 2018|

It is advisable to conduct a search of the office records before filing an application.

Searching first helps to ensure that the use of any proposed trademark will not infringe the rights of another party, and thus reduces the risk of any challenge or lawsuit from the owner of prior rights in a trademark or trade name.

Assessing both the registrability and the availability for use of a mark will also help to determine the overall picture of the commercial environment surrounding a proposed mark. For example, even though a mark may be available for use and/or registration, it may be a weak mark owing to the popularity of other similar marks.