smith432
Joined: 24 May 2012 Posts: 347
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Posted: Sun Nov 13, 2016 8:04 am Post subject: Trademark Search - Is it Really Necessary? |
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One of the requirements of a registrable mark is that it must be distinctive. In other words, the proposed mark must not be identical or confusingly similar to an earlier mark. One of the most common Registry's objections raised against trademark applications is citation objection, i.e, the proposed mark is identical or confusingly similar to an earlier registered mark. Conducting a pre-file search at the trademark register helps to avoid such objections which can prove costly, and may ease the application process during the substantive examination stage.
A search report also place the applicant in a better position to make informed management decision whether or not to proceed with the filing of a proposed mark. If the search report returns unfavorable results, the information gathered may allow him to make certain amendments to the proposed mark prior to filing with a view to increase the chances of success of obtaining registration.
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