Search first, register after
It is common to want to register and market a newly created trademark identifying the goods or services as soon as possible. However, it is essential that you precede this step with one of the most important phases: a prior trademark search to verify that the trademark you wish to register is available for registration. As you will see, this procedure will facilitate and speed up the registration process for your trademark.
Imagine that you create a trademark and decide to launch it without running a preliminary trademark search. The risk is that you quickly realize that trademarks that are identical or similar to yours already exist. These may compromise your trademark registration, creating a legal conflict and threatening the viability of your project or business.
Thus, a trademark search allows you to know whether other trademarks that are identical or similar to yours, with similar products or services, exist in the markets you wish to enter.
Trust our experts
For greater security, and to avoid any conflicts, you should consult one of our experts, who will carry out a Technical Trademark Search. This will allow him or her to draw a detailed comparison of trademarks that are identical or similar to yours and that identify the same type of goods or services that you intend to market, reducing potential sources of incompatibility or legal conflict.
This technical search includes a full report with information on:
Strategic opinion to ensure the highest success registering your trademark, including help determining classes and jurisdictions.
Know of the existence of similar trademarks that could conflict with yours.
Unlike other online searches that do not cover all jurisdictions, technical searches through our experts do.
Get to know the probability of registering your trademark with success.
Monitor the process from the preparation for the trademark application to its maintenance phase. Inventa will accompany you every step of the way.
With your help, we identify the trademark to be registered and point out the elements worthy of protection, according to Trademark Law.
We define the best registration strategy, depending on the jurisdiction in which you wish to obtain protection, taking into consideration the many regional/international mechanisms for international protection.
Since the costs may vary depending on the number of classes, we identify the international classes corresponding to the goods/services you wish to market with your trademark.
At this moment, you should conduct a trademark search (optional but highly recommended), be it with or without a legal opinion, in order to identify whether the trademark is free to be registered.
We analyze whether the formal requirements have been met and submit the application for registration to the respective PTO.
During this phase, the relevant PTO will analyze whether your trademark is confusingly similar to previous trademark. We monitor the process up to the final granting.
After the publication of the trademark, third parties may submit an opposition against it being granted. We can respond to any objections, with the aim of ensuring that your trademark is registered.
You can extend the protection of your trademark at any time through national, regional, or international registrations in other jurisdictions.
Obtaining the rights to a trademark is of no use if you do not then exercise these rights. Therefore, it is necessary to be always on the lookout for infringements.
What is a trademark search?
A trademark search is a service provided by Inventa that, when performed prior to the registration of your trademark, allows you to check for the existence of other trademarks identical or similar to yours, or situations that may be a source of legal conflict. This search confirms the feasibility of a trademark application, meaning that it should be formalized and managed by our team of experts on the subject, with a total focus on the granting of your trademark.
Why should I carry out a trademark search?
A trademark search avoids the risk of investing time and money in a trademark application that may be refused. It allows you to only proceed with the application procedure once the absence of marks identical or similar to yours has been confirmed.
Who will conduct the search?
At Inventa, any registered trademark search is conducted by experts in the field. Our team has a vast experience in trademark search and in detection of legal problems that might compromise the successful registration of your trademark.
The entire process is performed under your supervision. You will be presented with a report listing all the trademarks that have been found to be similar and outlining our legal opinion on the feasibility of your trademark registration (meaning that we give you a prognosis on whether there is a high, medium or low probability of having your application granted).
How long does it take until I have access to the results?
The timeframe for obtaining results depends on each jurisdiction and the number of results observed, but it usually varies from 2 working days to a few weeks.
What should I do after having performed a trademark search?
As soon as your application is deemed to have a high probability of being granted, we advise you to file it. However, if your trademark only gets a medium probability of being granted, we will advise you on how to act concerning this outcome. We also issue advice for reducing the risks associated with the trademark application, increasing its chances of success and finding alternative ways to make it more viable.
How can Inventa help me with the search for registered trademarks?
Inventa works together with highly-specialized teams, who are capable of conducting the entire research process and providing you with a survey of trademarks that are identical or similar to yours. We provide you with the best legal strategies to enhance the viability of your trademark application.
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