Creating and developing a new brand or business identity involves significant effort and expense. To forego an availability search before launching a trade mark is to flirt with risk.
An intended search will determine whether your trade mark is available for registration and is free to use without a threat of infringement.
A “sign” can be barred from use and registration by an existing identical or confusingly similar trade mark or an unregistered common law right acquired through use of a similar mark, company or business name.
Searches are cost-effective risk eliminators that assess:
- Availability
- Registrability
- Potential Conflict
Building a brand identity should start with comprehensive investigations to expose potential problems before investing valuable time and money in developing a “sign” that could breach an existing right.
Note: Use of a registered business name could infringe a prior registered trade mark.