Trade Marks Search Factsheet

Background

A crucial decision in starting a new business or venture is to select its business name(s).  Word(s), phrase(s) or symbol(s) will in time become your identifying mark(s), the badges of origin of your goods or services in the marketplace.   

You need to select a name that is not already registered and/or being used as a trade mark by any other company or individual and not too close to what others are using or (if the same as or close to) to choose it with your eyes open.  

Through a trade mark search, identical or similar or otherwise relevant trade marks registered or pending in the relevant jurisdiction(s) can be identified.  A trade mark search can also reveal identical or similar or otherwise relevant unregistered trade marks. 

Note that the existence of not only a prior existing identical mark but in many cases also a similar mark can found an infringement claim. 

Benefits

A trade mark search can: -

Ø       Determine whether the use of your proposed trade mark would clash with a third party’s legal rights in an identical or similar trade mark. This is important if you want to avoid claims being brought against you for trade mark infringement.

Save you money by helping you decide whether to go forward with a particular trade mark application or not, as once an application is filed legal fees and official fees are all non-refundable.

Costs

Search 1 – UK Identical Search

We charge a fixed fee of just £145 to conduct this type of search and to report the results to you.

The results of this search will alert you to potentially conflicting identical marks that are already on the UK and Community Trade Mark (“CTM”) registers or for which an application has been made. 

This search will not alert you to potentially conflicting:-

·         Similar marks covering identical or similar goods or services.

·         Identical or similar marks covering dissimilar goods or services.

·         Registrations or applications in standalone EU member states or any other territory worldwide.

·         Unregistered rights that may exist in any territory worldwide.

Search 2 - UK Availability Search

We charge a fixed fee of just £295 to conduct this type of search in up to 10 classes and to interpret and report the results to you.

The results of this search will alert you to potentially conflicting identical or similar marks that are already on the UK and CTM registers or for which an application has been made. 

This search will not alert you to potentially conflicting:-

·         Identical or similar marks covering dissimilar goods or services.

·         Registrations or applications in standalone EU member states or any other territory worldwide.

·         Unregistered rights that may exist in any territory worldwide.

Search 3 – UK Unregistered Trade Mark Search

We charge a fixed fee of £595 to obtain from an agency a report of searches conducted in the UK for unregistered trade marks in the marketplace and to analyse and explain the results for you.

This search will consist of: a company name search, a domain name search, an internet search and a search of relevant trade literature.  This search will also provide you with brief background information about the owners of the prior marks revealed.  Should additional information be required, a tailored report can be prepared at further cost. 

Note that no search for use within the marketplace is 100% accurate and all uses of unregistered trade marks in the marketplace can never be guaranteed to be found.

Note that the above costs exclude VAT (chargeable in addition if we are instructed from within the UK). 

Timescale

Trade mark searches usually take up to 7 days to complete from the date of request.  If you require an urgent trade mark search, please let us know and we will do our best to accommodate your request (at an additional charge). 

If you are interested in conducting a search in any other country, please advise us specifically which country you wish to conduct the search in and we will provide you with a quotation soonest.