What is a Trademark Search?
A trademark search is a thorough search of trademark databases and other marketplace resources to check whether a mark is previously owned or in-use by any other party. Conducting a trademark search before filing an application for registration is essential as it allows a person to clarify the use of his mark and makes registration process easy in case no similar mark is found to be in use before.
The trademark search ensures that the use of a proposed mark by a company or an individual will not infringe the trademark rights of other parties if and only if no similar mark is found. Moreover, this practice can thus reduce the chances of getting notice of a lawsuit from the owner of any prior mark. Further, conducting the trademark search definitely proves to be beneficial in the long run. For example, if a company has conducted the thorough trademark search before applying for its registration, then the company may avoid risks of being sued by other parties and thereby avoiding huge expenditures which they might have been entitled to pay in case of infringement.
The trademark search further helps to determine and analyze the overall picture of the commercial market environment surrounding a proposed mark. Further, the higher degree of uniqueness of a mark represents a stronger trademark and ultimately leads to easy registration of the trademark.