For all new business owners, establishing a strong and unique brand identity is an important aspect of building your future success. An important step in this process is conducting a trademark search to ensure that your brand does not infringe on anyone else's intellectual property rights. In this article, we’ll explore what a trademark search is, how to perform one and the associated costs.
What is a trademark search?
A trademark is a unique symbol, logo or name that identifies and distinguishes your goods or services from others in the market. Conducting a trademark search is the initial step in the process of registering your brand with the United Kingdom Intellectual Property Office (UKIPO). It involves searching through existing trademarks to ensure that your desired mark is distinctive and does not infringe on existing trademarks.
The analysis of the existing trademark landscape will require you to look at the goods and services offered by competing businesses. If for example, the company with a similar trademark is a business consultancy, they will be registered in class 35. If they are clothing manufacturers they will be registered within class 25.
To infringe another trademark both businesses must be trading in a similar sphere. This is called the likelihood of confusion test. This analysis can often be done independently, but if you are confused by the UKIPO search results always consult an IP lawyer.
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How to search registered trademarks
To search for registered trademarks in the UK, you can use the UKIPO's online database. This is a user-friendly platform that allows you to check if your proposed trademark is already in use. Simply visit the UKIPO website, access the trademark database and enter the details of your mark. You can search for identical or similar trademarks, which is important to avoid potential trademark infringements.
How much does a trademark search cost?
The UKIPO provides free access to their trademark database, allowing you to conduct preliminary searches at no cost. However, for a comprehensive trademark search, it's advisable to consult a trademark lawyer, who can provide a more in-depth search of existing trademarks and help you navigate the process. This will help with the goods and service offering analysis, as discussed above.
Our UK trademark registration service starts at £450 (+VAT) and includes an identical mark search, full design and draft of a detailed specification, class advice and recommendations, and ongoing monitoring and communication with the UKIPO.
How to search for logo trademarks
Searching for logo trademarks follows a similar process to searching for word trademarks. You can use the UKIPO's database to look for registered logo marks. If your business logo is a crucial part of your brand identity, you need to ensure it doesn't infringe on any existing trademarks. This step is especially important in industries where visual branding is a significant factor in consumer recognition.
Pending trademarks
In addition to registered trademarks, you should also check for pending trademark applications. These are marks that are currently under review by the UKIPO. While they aren't officially registered yet, they can still pose a challenge to your registration if they’re too similar. To search for pending trademarks, you can use the UKIPO's database or consult a trademark lawyer for a more thorough search.
How to search international trademarks
If your business operates internationally or plans to expand beyond the UK, it's important to search for international trademarks as well. The World Intellectual Property Organization (WIPO) provides a global trademark database that allows you to search for marks in various countries. You can also use specific country databases such as the US’s Trademark Electronic Search System.
Conducting an international trademark search is a vital step in ensuring your brand protection worldwide.
What is a comprehensive trademark search?
A comprehensive trademark search is a thorough examination of registered and pending trademarks to identify potential conflicts or infringements with your proposed mark. It includes a detailed search of similar trademarks and their relevance to your products or services. Our trademark lawyers offer comprehensive trademark search services as part of our trademark registration packages.
Get legal assistance from LawBite
Conducting a trademark search is a fundamental step in safeguarding your brand. As a starting point, you can use the UKIPO's resources to perform preliminary searches, but for a more comprehensive search and guidance, it's wise to consult a trademark lawyer like the ones at LawBite.
Our mission is to provide practical and tailored legal solutions to small businesses like yours, making legal services more accessible. In addition to helping you conduct a trademark search, we can support you with filing a trademark application and registering your trademark in different territories.
Our services include:
UK trademark registration
- Identical mark search for the UK
- Full design and draft of a detailed specification
- Class advice and recommendations
- Application drafted and filed for up to 5 classes
- Ongoing monitoring and communication with the UKIPO to full registration, including amendments
- Trademark registration certificate provided
- UKIPO application fees are charged separately
EU trademark registration
- Identical mark search across the EU
- Full design and draft of a detailed specification
- Class advice and recommendations
- Application drafted and filed for up to 5 classes
- Ongoing monitoring and communication with the European Union Intellectual Property Office (EUIPO), including amendments
- Trademark registration certificate provided
- EUIPO application fees and third-party agent filing fees are charged separately
WIPO trademark registration
- Identical mark search in a designated country
- Application drafted and filed for one country up to 5 classes
- Ongoing monitoring and communication with WIPO, including amendments
- Trademark registration certificate provided
- WIPO application fees are charged separately
Learn more about our trademark services, by booking a free 15 minute consultation or by calling us on 020 3808 8314.
