Which Resources Do You Need To Run A Trademark Search—and Do You Have Them?

If you are looking to run a trademark search before registering a new trademark, specific resources will help streamline your research. From trademark search databases to specialist analysts, discover the essential resources needed to run a trademark search and where to find them.

When considering the essential resources needed to run a trademark search, trademark search databases should be at the top of the list.

How to Choose a Trademark Search Database

Firstly, you will need to determine which databases you will use for your search. Your chosen database can be determined by factors such as the territory or territories of registration, the types of marks you are searching for (e.g. word or image marks), and the results you hope to achieve from the search.

All businesses can access free-to-use national IP databases to run a national or regional trademark search. Often, however, these alone are not enough to search with the integrity and thoroughness necessary to register a new trademark.

That's why commercial trademark search platforms are recommended. These commercial databases offer a wider range of data and related services, helping you achieve your trademark search goals more effectively.

The Importance of Trademark Search Experts—and Expertise

Aside from the database options available, the next important resource when conducting a trademark search is people. Hiring the right people to conduct your trademark search can significantly impact the quality of search results and, therefore, the consequential success of your trademark.

Although many businesses have an internal legal department, few have one large enough to routinely exercise full-scale trademark searches; at least not without negatively impacting workloads. Conducting trademark searches can be challenging and time-consuming, since searchers must scour all available databases, both national and commercial, including common law rights, to ensure no mark is missed. It can prove cost-effective, therefore, to hire external professionals to run searches on your behalf.

Choosing analyst-driven searches also helps overcome any shortfall in search knowledge and expertise. This includes considering cultural and social implications, phonetic and linguistic spellings, translations, and national variations of trademarks—all crucial if your IP portfolio extends to multiple territories.

Brand Name Creation

As part of the trademark clearance process, you must ensure you have alternative proposed trademarks ready in case your initial proposal is not available. Here, a brand proposal management tool, such as Equinox Brand Proposal, can provide valuable support.

In summary, for a successful trademark search, you must have access to key databases and sufficient and appropriate resources, in terms of both time and skills. Given the complexity involved in trademark searches and the difficulty in acquiring these resources, it is often preferable for businesses to outsource trademark searching to an external provider.

To discover more trademark searching best practices, watch our webinar 'Tailored Trademark Searches: Where Algorithms Meet Expertise,' read our blog 'Technology, Technique, Knowledge: Three Strategic Ingredients for Effective Trademark Search,' or contact our subject matter experts for support.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.