Trademark and design right searches ensure that you do not infringe the registered rights of others and that your investments in protecting your brand are not wasted.

Before selecting a new brand name or other brand element, it is important to conduct a preliminary search to determine whether the planned name or element can be used in business without infringing anyone’s prior IP rights and whether it can be transformed into an exclusive right and an intellectual asset of the company.

Trademark search

A preliminary trademark search entails an examination of the registrability and usability of a brand name or logo to determine if it is already registered, or if similar variants are present in the targeted markets (countries). A preliminary trademark search is an important part of the trademark planning process as it helps to avoid conflicts and problems later when the brand is launched or applied for registration.

The trademark search examines and analyzes previous trademarks that may be similar or related to similar products or services than the mark that a company wants to use and register. The purpose of the trademark search is to identify potential risks and prevent the introduction or registration application of a brand name or logo that may cause legal problems. The trademark search helps to ensure that the trademark can be used with confidence and that its registration goes smoothly and will be successful.

Design right search 

A preliminary design right search involves assessing the registrability and usability of a design, determining its novelty and originality, and evaluating whether legal protection is possible for it through a design right. A design registration protects an appearance, shape, ornament or pattern that is new and original. In the preliminary search of a design right, already registered designs are analysed, which may be similar to the design that a company wants to use and register.

The purpose of the preliminary search of a design right is to examine whether the use and/or registration of a new design would likely conflict with existing designs, to identify possible obstacles to the use and registration of the design, and to assess the possibilities of obtaining legal protection for the design. The search helps to ensure that the design can be confidently used and secured through design right registration.