Prior to using a new trade mark in a new market, and prior to filing an application to register it, it is essential to ascertain as far as possible through thorough due diligence that your chosen trade mark is available for these purposes. You can do this by searching to make sure that no else has registered or is using your chosen trade mark or something similar.
We will advise you on the most appropriate due diligence search strategy, with a keen eye on budgetary constraints. We have a wide variety of leading commercial search tools at our disposal. We will advise you on the risks associated with the planned use and registration of your chosen trade mark, providing the information you need to decide whether or not to proceed.
Our in-house team of Chartered Trade Mark Attorneys have extensive experience of Register trade mark searching and daily perform searching using both Official and/or commercial databases (Corsearch Advantage and Thomson Reuters SERION).
Full Register availability and common law, company name and domain name searching is contracted out to third party search providers including Corsearch and Thomson Reuters. The in-house attorney team then review the results and provide an opinion as to availability to use and register, inherent registrability and suitability of the proposed mark.
Searching outside of the UK, EUIPO and WIPO Registers is conducted either via a hub service which can buy efficiencies particularly in the case of far reaching pharmaceutical searching at which we excel or else through engaging directly with local counsel to provide a search and legal opinion. This is particularly important in territories such as the US where without the benefit of a clean search opinion in advance of use, the user can be held to be wilfully infringing and subject to punitive/triple damages.