Before you start using a trade mark, it is good practice to conduct a search to check that the trade mark is free to use.
Conducting this type of search can be challenging because there are so many trade marks in use across many different fields of commerce. This makes it difficult for people without trade mark qualifications to navigate other brand-owners’ rights, and avoid or manage potential conflict.
However, in the right hands, the difficulties of trade mark searching can be overcome. We use sophisticated searching tools and the skills of our attorneys to identify, assess, and mitigate potential risks.
Even if a trade mark is not on the register, it may not be free to use. It is important to remember that whilst you can search for formally registered trade marks, you also need to be wary of common law unregistered trade marks and those that have established reputations.
It is this additional level of detail which can cause problems in the future, and why the expert search services of a trade mark attorney from Keltie are so valuable.
Our trade mark attorneys add real value to our clients, by asking them the right questions at the beginning of their creative project. Whilst many clients could perform some basic trade mark due diligence themselves, using publicly available trade mark databases and non-specialised search engines, this will not provide the full picture.
At Keltie, our trade mark attorneys are involved in cutting-edge advancements in machine learning and algorithm development to search for relevant marks, compare them and assign each a score-risk rating. It is this level of detail and the incisive questions we ask our clients that set us apart.