Trade Mark and Design Searches
21 May 2019
Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.
It is for this reason that most well advised businesses will undertake a comprehensive search programme prior to adopting a new name or design in order to minimise exposure to such risks. The financial consequences of a failed launch, together with the attendant PR damage and loss of management time, should not be underestimated.
Searching is an area that requires considerable skill and experience to ensure that appropriate searches are conducted and at the required level of complexity. Because searching can be an expensive and sometimes uncertain business, the aim of this guide is to illustrate the variety of searches that are available together with their benefits and limitations.
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