Trademark Search and Clearance
Development of a logo design, product or company name, corporate identity or packaging design is often very time-consuming, especially when you need to come up with several names. But once the product name invented, you as a potential trademark owner will immediately have a number of questions:
- Whether someone have already registered this name or not? That is, whether it has been registered as a trademark and you will definitely infringe someone’s rights when it is used in the market. Would you be able to register this name or logo as a trademark?
These and other questions can be answered by examining your designations for their “originality” and protectability. The search is conducted under the applicable laws among the registered trademarks, names and graphic designs, which are still pending their registration. Domain names and trade names of companies can also be the subject of research.
When it is required to make a research?
● When choosing a company or product name for marketing it and further promotion.
In this case, it is advisable to carry out the search directly at the stage of name development until you have incurred costs to develop the logo and corporate identity often depending on the meaning, sound of the name and its semantics.
● Before entering the Russian or any other market.
In accordance with the laws of most countries, including Russian, infringement of a brand identity (trade mark, trade name) means using exactly the same designation or a designation of confusing similarity in respect of similar goods or services. That’s why, a trademark clearance examination is a most important research objective.
● Before applying for trademark registration.
Not every designation may be registered as a trademark. And most often the applications for the following designations are rejected: – Non-protectable designations not registered under the applicable laws in principle (for example, “natural milk,” “Stationery” store), – Protectable designations that are confusingly similar to already registered trademarks or designations submitted for registration. In this case, the search helps to identify trademarks and filed applications similar to your designation, and therefore being the basis for rejecting the trademark application. In other words, the search allows us to estimate the chances for successful registration of your designation as a trademark.
● Search for information on a specific legal owner of the trademark and/or on the trademark.
The search can be performed both by the trade name of the trademark owner and by the trademark itself.
Since the similarity assessment is a very important step with a lot of nuances, it should be assigned only to experienced professionals, who are able to correctly interpret the results and assess possible risks.
Types and period of trademarks examination
Experts of Petukhov & Partners PLF LLC have a vast experience of trademark research and are ready to:
- Conduct the initial free of charge patentability assessment of any designation with expert’s comments and advice. Deadline: 1 day.
- Comprehensive examination of wordmarks using databases of trademarks and trademark applications registered in the Russian Federation. Deadline: 2-3 business days.
- Comprehensive examination of design trademarks or combinations. Deadline: 14 business days.
Timings for international trademark examinations are negotiated on a case-by-case basis. Based on comprehensive examinations, our experts will generate a patentability report on your designation and comment on risks and prospects of its registration, as well as answer any other possible questions.
How to select a protectable trademark If you wish to become a trademark owner and want it to be protectable as a result of its examination, we advise you not to choose designations: – Without a distinctive character, that is, designations representing a common term, referring to location of the manufacturer or origin of the goods, and the type, properties or location of goods (services) (for example, delicious juice, fresh pastries, industrial group, holding); – Misleading the consumer as to the product or its manufacturer (for example, “Kazan souvenir” for a manufacturer from Nizhny Novgorod); – Negate the humanity and moral principles (such as “Holy” for alcoholic beverages).
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