Conduct Trademark Clearance Searches and Avoid Disputes
Your firm decides on a brand name for your latest product. However, before you can put it into operation, you need to conduct a trademark clearance search to avoid infringement on the intellectual property rights of another firm for trademarks on products in the same class. For this, you will want to use the services offered by attorneys that specialise in trademark clearances and disputes, as it is essential to conduct a thorough trademark clearance search.
Part of the naming process entails finding out which names are available and can still be registered as trademarks. And this is what the attorneys who specialise in trademark clearances and disputes do. It is an essential step that needs to be taken before launching a new product, especially if you plan to trademark the product. It may seem like an unnecessary expense, but considering the potential costs associated with disputes, it makes sense to go through the process.
If you ignore the step, you face possible lawsuits for damages. It is certainly less expensive to get professional help from attorneys who specialise in trademark clearances and disputes to handle the trademark search than it is to defend infringement allegations and being forced to rebrand your products. Rebranding is not only expensive, but it is certainly also a time-consuming process, which can cause your products to fail on the market.
Below are more reasons to use the search and registration services offered by lawyers specialising in trademark clearances and disputes.
- Potential of Using the Trademark for Related Products
A proper clearance search will help you identify the potential of using the trademark for other related products. As such, you can determine if you will be able to expand your product line using the same trademark, which would be more economical than having to use separate trademarks for each product.
- Geographical Limitations
These searches also help to determine which geographic limits apply to a particular trademark. Your firm might want to use a logo or name that is already used in a particular region. Can you still use the mark in another region or country? It is best to discuss the geographic limits with our attorneys who specialise in trademark clearances and disputes before you use the mark.
- Assessing the Strength of The Selected Trademarks
The searches will reveal if there are numerous users of similar marks for similar or related products. If the mark is too weak, it will limit the protection and rights of it, and the potential of expansion within the particular field may be limited. It thus helps your company to prevent a situation where you spend between thousands and millions of Rands branding a product for which you cannot get trademark protection.
- Establishing Whether the Marks You Have Chosen Have Negative Connotations
If you plan on branding internationally, you will want to avoid using a mark that can be offensive to a particular nation or culture. Our team of attorneys, who specialise in various intellectual property rights, can also assist with this.
- Determining Whether You Can Register a Domain Related to Your Trademark
If you do not brand online as well, your firm will certainly limit the potential strength of its trademark. To avoid disputes regarding domain names, use our attorneys to help you find out whether the domain name, associated with the particular mark you have chosen, is still available.
Avoid costly pitfalls that are associated with trademark clearances and disputes. Use our team of attorneys, specialising in intellectual property rights, to help you with the search and registration process.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Call our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing.