UNDER LOCK AND KEY
posed trademark. It is not peremptory to perform such a search; however, it is advisable that you do.
Sometimes these trademark searches do not reveal conflicting rights. However, other times they show prior applications; registrations and/or use of the particular trade mark that could pose a risk to adoption of the proposed trademark. Once you know what marks are out there, you can make an educated decision whether or not to proceed with use and registration of the mark. This is where you should start analysing the risk involved in filing an application for the proposed trademark. 3. Assess the risk Should the search reveal no conflicting trademarks on the register or in the market, the risk would be low should you proceed to file an application for the proposed trademark. However, should a prior mark exist which could pose a problem in future, you should consider the old business principle of whether the costs in filing the application justify the risk of possible refusal, opposition or expungement of the trademark in the future. You should consider consulting your intellectual property attorney who is best placed to guide you through the potential risks and pitfalls which the proposed application faces.
It is always advisable to rather use an invented word as your trademark or words which do not have any connection with the goods and/or services for which the mark is going to be used. This will help limit the chances of encountering problems in future concerning the use and/or registration of the trademark.
A company’s trademark is a valuable asset in that it establishes goodwill with its customers. It is critical that you ensure the trademark you select is one which you can register and enforce.