How to avoid trade mark infringement

Much time and effort goes into choosing a brand, but what if someone is already using (or has registered) a similar name in relation to the same kinds of goods or services? The launch of the new mark could be quickly followed by legal proceedings.

Conflict with third parties brings often avoidable issues such as costs, loss of valuable management time, negative publicity or, potentially, loss of value in the brand or business.

To help reduce this risk, we recommend that clearance searches (also referred to as availability searches or freedom to use searches) are carried out well before launch. A search should identify existing trade mark applications or registrations which are phonetically, visually or conceptually similar to the proposed mark identifying possible obstacles.


For more information, contact us.

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