Why Should I Conduct a Clearance Search Before Launching a Trademark?

Author: Ian Aldridge, Progressive Legal

Picture this: you’ve just come up with the ultimate business name and a striking logo to match. You’re ready to take the world by storm, but wait – are you absolutely sure you have the ultimate legal rights to use it? Are you absolutely sure you’re not inadvertently committing trademark infringement? It’s vital to conduct a clearance search before launching a trademark, before you even printing business cards and ordering merchandise.

This process is like a treasure hunt, with a team of legal experts working to uncover any potential roadblocks to your mark’s use. Think of them as your personal detectives, ensuring that your mark stands out in the crowded market of trade marks. Protecting your trade mark is crucial to the success of any business venture, so let the clearance search be the first investment in your brand.

Due Diligence

It helps to stand out from the crowd when creating a successful business, and that starts with choosing a distinctive trade mark. Now that you’ve chosen the best name, logo or slogan in the world, make sure you do your due diligence.

Conducted by expert legal teams, a clearance search checks to ensure that your chosen mark is not already being used by someone else in a way that could cause confusion for consumers or infringe on another’s intellectual property rights. So, whether you’re just starting out or looking to rebrand, make sure to give yourself the gift of a trademark clearance search.

Before you go “all in”, take a step back and consider the potential legal battles and expenses that could be avoided with a thorough trademark search. Trust us, missing a trademark that could cause confusion with your proposed mark is a pitfall that’s all too common. It’s like stepping on a landmine – you don’t know it’s there until it’s too late.

So, don’t let blind spots in your research trip you up; take the time and effort to consider all variations of your potential trademark or leave this to a trade mark expert. It may take a bit of extra time and effort up front, but it’s a small price to pay for the security of knowing your trademark is truly yours. Protect your brand, protect your empire – make sure you do your due diligence first.

Avoid Infringement

Trademark infringement is a serious threat for any business owner, particularly when dealing with terms that have multiple phonetic variations. Without the guidance of an experienced trademark attorney, the risks of finding yourself in an expensive legal battle over infringement could easily become a reality.

As a business owner, you’re probably not thinking about the potential cost of a trademark infringement lawsuit, but the truth is, it could be devastating to your business. Don’t wait until it’s too late – investing in a trademark search early on can help you avoid legal battles that could eat up your finances and cripple your business. By staying ahead of the game, you can minimize the risks of exposing your business to needless lawsuits that could potentially bankrupt you.

With the help of a seasoned trademark lawyer, you can navigate the complex world of trademark law and rest easy knowing that your business is well-protected from any potential infringement disputes.

Online Searches

You’ve poured your heart and soul into creating the perfect brand name for your business, and the last thing you want is for some other company to come along and swoop it up. So, you head to the trademark office and register your trademark, and you think you’re all set. But wait, did you remember to search for unregistered trademark use? If not, you could be in for a big surprise.

That’s right, just because you’ve registered your trademark doesn’t mean that there isn’t someone out there who has been using it longer than you have. Trade Mark Examiners do not conduct searches for unregistered marks during the application process, but Australia is a ‘first-to-use’ country meaning the first user of the brand is the true owner of the trade mark.

If you didn’t search for unregistered use, a first user could have senior rights to your trademark, and you could still find yourself on the losing end of a battle. So, do yourself a favour and conduct searches for registered and unregistered use before you invest too much in your brand.

Key Takeaways

A clearance search before launching a trademark is an invaluable asset for your business. It allows you to discover any potential issues with the mark before making a costly, and potentially damaging, mistake.

After all, a strong brand identity will set your business apart from the competition and help you establish market values that cannot be copied or stolen. Investing the time and effort into a proper clearance search is one of the best things you can do for your business and its success, and having experts uncover any issues beforehand will save you from worrying about any future problems down the line.

Our experienced team of trade mark specialists and business solicitors can conduct a free trade mark search of your potential new brand, and provide you with tailored advice before starting the trade mark application process.

Contact us today for an obligation-free phone call with one of our trade mark experts.