When finding out what you need to do to get your trademark registered, you may have come across recommendations to do a trademark search before anything else. Is a trademark search necessary?

First, let’s go over what a trademark search is. A trademark search is a review of government’s official register of trademarks in order to check if there are any trademarks already on the register that are the same or similar to your trademark. The trademark search report will explain to you how easy or difficult it is likely to be to register your trademark.

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Is a Trademark Search Necessary?

A search is not absolutely necessary. If you are just starting out then it will probably be the best option because it will be the quickest way to identify potential problems. On the other hand, ultimately the government examiner will undertake their own searches. So if you are already using your trademark or are fully committed to it such that an adverse search report would not alter your resolve to seek trademark protection at any rate, then you may consider applying for your trademark without a search.

Benefits Of Doing a Trademark Search

Conducting a trademark search can provide several benefits for individuals or businesses looking to register a trademark. Firstly, it allows you to quickly determine whether your desired trademark is available for registration or not. This can save you both time and money by preventing you from investing in a brand that cannot be protected by a trademark.

In addition, a trademark search can help identify any prior marks that may be similar to your trademark. This information can be crucial in avoiding potential trademark infringement lawsuits, which can be expensive and time-consuming to resolve. By conducting a thorough search beforehand, you can reduce the risk of accidentally infringing on existing trademarks and ensure that your trademark is unique and legally protectable.

The downside of Getting a Trademark Search

While there are clear benefits to conducting a trademark search before registering your trademark, there are also some potential downsides to consider.

One potential downside is the cost associated with hiring a trademark professional to conduct a comprehensive search. Depending on the complexity of your trademark and the number of potential conflicts, a trademark search can be time-consuming and expensive.

Additionally, if you choose to conduct a search yourself, there is a risk that you may miss potential conflicts due to lack of experience or knowledge of trademark law. This can result in the registration of a trademark that is later found to be infringing on an existing trademark, potentially leading to costly legal battles and rebranding efforts.

Finally, it’s important to keep in mind that even if your trademark search comes back clear, there is no guarantee that your trademark will be registered. The government examiner may still identify issues with your application during the examination process that were not identified during the search.

Overall, while conducting a trademark search can be a helpful tool in ensuring that your trademark is available for registration and protection, it’s important to weigh the potential costs and downsides against the benefits before deciding whether to conduct a search.

Brand Name Generators

Another option to consider when coming up with a new trademark is to use a brand name generator. These are tools that can help generate potential names for your brand based on keywords or other criteria that you provide.

While brand name generators can be helpful in generating ideas, it’s important to keep in mind that the generated names may not be available for trademark registration. Therefore, it’s important to conduct a trademark search for any names that you are considering.

If you decide to use a brand name generator, there are a variety of options available online. For example, our own brand name generator can help generate unique and creative names for your brand. Additionally, Squadhelp offers a popular brand name generator that provides a range of options to choose from.

Ultimately, using a brand name generator can be a helpful starting point for brainstorming potential names for your brand. However, it’s important to conduct a thorough trademark search before finalizing your selection to ensure that it is available for registration and protection.

Anything else I should know?

Yes. In the case of Australia, if you need the examination report from IP Australia quickly, we’d recommend paying the expediting fee so you know in around 2 weeks if your mark is likely to be accepted. In New Zealand, the government will examine your application within 3 weeks. In the United States, you will have to wait a full 4 months for government examination and it is not possible to expedite this process.

You may wish to conduct some preliminary searches yourself using, the Australian Trademarks Online Search System (ATMOSS) or the USPTO and IPONZ website.  However, our experience is that trademark searching requires experience to be done correctly, and clients often assume their trademark is available by simple exact match searches, which is not the case.

Need some advice on this?

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