Check if your trademark is available

A trademark clearance search, also known as a trademark availability search or clearance search, is a crucial step in the process of applying for a new trademark. 

1. Purpose of a Trademark Clearance Search
The primary goal of a trademark clearance search is to assess the availability and registrability of a proposed trademark. By conducting this search, you aim to identify any existing trademarks that could potentially hinder your trademark's registration or later use due to confusion with other brands.

2. Conducting the Search
Trademark clearance searches are typically performed by professionals, such as trademark attorneys or specialized search firms, who have access to databases and resources that are not readily available to the general public. The search involves checking various sources to identify similar or potentially conflicting trademarks. These sources may include:

• Trademark Databases:  These databases list registered and pending trademarks, allowing you to identify trademarks that are similar to your proposed mark.
• Common Law Trademarks: These are unregistered trademarks that are in use but not necessarily listed in official databases.
• Domain Names: Checking domain names can provide additional insights into the usage of a particular term.
• Business Directories: Some conflicts may arise from business names that are not registered as trademarks but are still in use and protected.
• Similar Products and Services: Search for similar goods or services that may be associated with the proposed trademark.

3. Interpretation of Results
Once the search is complete, the results need to be analyzed to determine the level of risk associated with using and registering the proposed trademark. Key points to consider include:

• Exact Matches: Direct matches with existing trademarks pose a high risk and may result in a high likelihood of refusal during the application process.
• Similarity of Goods/Services: If there are trademarks with similar goods/services, the risk of confusion may still be high, especially if the marks are phonetically or visually similar.
• Related Industries: Sometimes, conflicts can arise even if the goods/services aren't identical but belong to related industries.
• Distinctiveness: Unique and distinctive marks are less likely to face conflicts compared to generic or descriptive terms.
• Geographical Scope: Consider whether the existing trademarks are registered in the same jurisdiction or if they are internationally protected.

4. Decision Making
Based on the interpretation of the search results, you will need to make an informed decision about whether to proceed with the proposed trademark or modify it to reduce the risk of conflicts. If potential conflicts are identified, you might decide to abandon the proposed mark altogether or modify it to make it more distinct.

In summary, a trademark clearance search helps you assess the availability of a proposed trademark and the potential risk of conflicts with existing trademarks. The interpretation of the search results guides your decision-making process regarding trademark registration and usage. It's advisable to consult with Nordic Trademarks legal professionals  to ensure thorough and accurate searches and to receive expert guidance on the implications of the search results.

***

Start Your Journey - Search trademarks

Contact Our Experts - Contact us

Order Trademarks Online - Order here