In addition to having a comprehensive trademark strategy, conducting a proper search before registering a trademark is extremely important.
When conducting a trademark search, it is important to analyse whether a proposed trademark would infringe on the rights of another. Particular attention should be paid to searching back over a long period of time so that “older” trademarks are traced.
If the period covered by the trademark search is not long enough, a new trademark may infringe on existing rights. As a result, the registration of a new trademark can be opposed and an application can be made to have it cancelled. Furthermore, the proprietor of an “older” trademark has a range of legal options to pursue.
To protect a trademark against infringements by newer trademarks, it is advisable to undertake constant monitoring and trademark searches. In this way infringements can be detected early and legal steps can be taken.
The various trademark offices do not scrutinise applications for new trademarks to see whether the proposed trademark infringes on already registered rights.
We can help you to manage these risks. We work together with our partners to provide a competent and evaluative trademark search and monitoring service.
Would you like to register a trademark? Do you have general questions about trademark law? We are here to help.
German lawyer Kilian Kost and the expert team at WILDE BEUGER SOLMECKE are available to answer your questions. Call us on 0221 / 951 563 0 (Beratung bundesweit).