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The Quickstart Trademark Search Guide

Make sure to consider all angles when trademarking your product or service with these easy steps.

Innadvertently infringing on another organization's registered trademark, can lead to customer confusion and years of costly litigation.

For brands who own existing trademarks, protecting your product and intellectual property against theft can be critical to your revenue and public image. Trademark clearance is an important component of modern business. Marketing and legal professionals are often called upon to search for registered trademarks to protect their employers and clients. Join us as we review why trademark clearance matters and share with you how to minimize the manual work and risk that is often associated with these processes.

Minimizing Manual Work in Trademark Search

While attorneys with a background in trademark law are often the ones who perform trademark searches, they're not the only ones. Paralegals, marketing professionals, and other brand management personnel who need to manage a brand's global presence or make decisions when naming new products or services, must also go through the process.

Trademark search has historically been a lengthy-process, filled with risk and opportunites to make mistakes . For brands with limited resources, the sheer time of expert hours required to effectively execute a trademark search can be incredibly costly.

How Legal Technology is Revolutionizing Trademark Search

The era where trademark search is a labor-intensive process could soon become a thing of the past. Artificial intelligence and technology assited algorithms, have the potential to search, rank, and analyze a massive amount of information quickly and with better accuracy than human-guided research efforts.

By using technology assisted searches to survey the worldwide marketplace, it's possible for individuals without an extensive background in trademark law to search, score, rank, and understand the true risks of the marketplace. Best of all you can have the ability to significantly reduce the time necessary to achieve high-quality results.

Minimizing Mistakes with Search Software

Nobody wants to suffer an infringement action. Searching mistakes made by manual efforts or poor-quality trademark search tools can result in unintentional infringement, which can cost hundreds of thousands in litigation fees and years of efforts to defend.

In addition to a high volume of manual work, common mistakes associated with many search software options or manual efforts include:

  • Poor quality results that don't inform decision-making
  • Incomplete knowledge of the global marketplace
  • Failure to mitigate risks because of inaccurate risk assessment
  • Incorrectly summarized results because of result quality

Simple results based on keyword similarity and wildcards aren't enough to protect your organization.

Why Context Matters in Trademark Search

Brands need to filter results through context, which can include the likelihood of other brands in the space to litigate, national and international laws, and other factors that could be considered by global courts in a trademark case, such as similarity of distribution channels or products.

An effective search software looks beyond results to interpret the context around queries. With the help of context, results can enable informed decision-making.

Speed & Mitigating Trademark Infringement Risks

Speed can be critical to protecting resources while mitigating risks of infringement. Gaining clearance to register a trademark has historically been a painful, slow, and incredibly costly experience. Even technology-powered searches can require hours of expert effort and analysis in order to correctly summarize results and assess surrounding risks.

Before your brand invests heavily in trademark clearance, it's critical to understand the full picture in a matter of seconds, not hours or even weeks. By providing a variety of individuals with the ability to mitigate infringement risks thanks to high-quality contextual reports, organizations can achieve intelligent insight in real-time.

Speed and Trademark Opposition Risks

When your trademark is under opposition from another brand, it's important to understand this information immediately. The results of trademark opposition can include a loss of market share, damaged public image, and other devastating threats to your revenue and brand reputation.

Trademark Clearance:
What, Why, How?

Trademark clearance processes can vary significantly across the globe, and are typically a costly and lengthy process. In the U.S., the process begins with an evaluation of the proposal for a trademark. An individual, who is typically a legal professional, will review the mark to determine whether it meets basic guidelines for qualification or violates consumer laws.
A search is necessary to determine whether the trademark is sufficiently unique to begin the formal registration process. It is common for a full trademark search to consist of hundreds of pages of results, which must be evaluated based on a knowledge of law and surrounding risk criteria. If any risks are identified during the search phases of clearance, it's necessary to begin the process again by creating a second or third proposed trademark.
Speed is a necessary component of effective trademark clearance, due to the whirlwind of brands and products launching into the marketplace. By reducing the time needed to perform an effective search and evaluation from weeks or months to just hours or minutes, organizations can improve their chances of being the first to market.

Simplifying Trademark Search is Critically Important

Trademark searches are more complex than ever before. With an increasing number of trademark holders worldwide, your brand must be able to quickly and accurately assess the marketplace in order to obtain trademark clearance and protect your existing trademarks against infringement. Without search tools that provide sufficient speed, accuracy and context, organizations open themselves to litigation based on a lack of complete knowledge.

TrademarkNow enables brands to get the full picture in a record amount of time. With technology assisted algorithms and the resources necessary to scan the global marketplace, professionals are able to use high-quality results to understand real risks in record time. For more information on TrademarkNow's products, click here!