You’ve built a brand, you have an identity, but before filing your trademark, have you checked if someone else is already using something similar?
This trademark research involves a business reviewing the existing trademarks or whether there is any trademark that is similar to theirs one’s. no business should overlook this step of research about existing trademarks, as it is crucial to prevent future legal consequences.
Searching for a trademark, copyright, or patent, or any other Intellectual property, becomes important for every small or micro business before registering their trademark or ensuring that the trademark they are going to use is not already in existence. The only problem that arises if businesses register their trademark without proper research is that it results in possible conflicts and attracts legal complications in the future. To protect your brand identity and respect others’ property rights, searching before registrations becomes an essential step for every small business or startup.
The question is valid and almost all startups think about this, that why we should conduct such research, and how to conduct it? From where should we start researching, and when should we start it in actuality? Yes, there are a lot of confusing questions related to this topic, which is exactly why it becomes important to break this down step by step.
The Right Time to Do a Trademark Search
If you are the one who thinks the same, that there is no right time to search for a trademark, do it whenever you have free time, you are absolutely wrong here. The best time to search for a trademark is before using or registering a new trademark, just like you are planning for future consequences in the present. This step actually avoids legal issues related to its infringement; however, it is a common practice of searching for a trademark after filing or using it for a long time, but this practice comes with lots of problems.
There are many businesses that conduct a trademark search in advance just to verify that no other businesses are using a similar mark, so that they will move ahead with their idea or change their plan related to the adoption of a trademark, all depend upon the search report.
Apart from legal consequences, it also shows the best practice of business.
Also, it becomes important if you are planning to launch a product or service or to expand your new class of goods or services, to check the existing trademark first to avoid rejection at the examination stage of filing.
Benefits of a Trademark Search
- It is a common mindset of people not to do a thing that arises or causes problems in the future, which is why we plan everything and then move forward; a similar approach needs to be followed when it comes to trademark search. There are several benefits of conducting such research in advance.
- It prevents an application from rejection after filing because rejection is based upon similarity to an existing mark, which can lead to confusion.
- It preserves your money that you are going to invest in filing the trademark application, confirming in advance that there is no similar mark ultimately saves you time, money, and effort.
- The most important benefit is that it protects your business from legal hassle and costly battles.
- To avoid international mishaps, when it comes to a global level, having a clear mark becomes really important to avoid legal traps because some names also carry unintended meaning in different languages, and we don’t know.
The Process of Conducting a Trademark Research
- Start with the Official Government Database: For example, search by wordmark or via class of trademark, use the IP India public search portal for authentic research. For the US, there is USPTO’s TESS that helps in conducting research with basic words, then try an advanced inquiry and lastly the WIPO’s that covers multiple international trademark offices for free.
- Check Beyond Trademark Registries: This simply means check via domain name, like WHOIS or GoDaddy, to see if the name is already taken online. This research can be conducted through the use of Instagram, Facebook, LinkedIn, and Twitter handles. The easiest and best source is Google or business directories to catch unregistered trademarks or trademarks used in commerce.
- Monitor Regularly: Even though you have registered your trademark, occasional searches become very important. You should check your social media platforms, Google Alerts, and business listings to spot potential infringement.
Real-World Examples
Happy Belly Bakes vs. Amazon
A real-world example of this is the Happy Belly Bakes vs. Amazon case. From this case, we can learn that even big companies like Amazon can get into trouble if they proceed without verifying existing trademarks; thus, a proper search, especially for startups and small businesses, becomes very important to prevent disputes.
Basically, here is what happened. Happy Belly Bakes is a Bangalore-based bakery that registered their trademark as Happy Belly in 2016, and Amazon started using a similar name without proper search, which brought the suit to the Bengaluru district court.
Starbucks vs. Sardar Buksh (2018)
Another example is Starbucks vs. Sardar Buksh, 2018. In this case, Starbucks sued a Delhi coffee chain for confusing similarity to Starbucks. As the names Starbucks and Sardar Buksh sound similar, it resulted in legal repercussions. This shows why searching becomes important.
Conclusion
A trademark represents far more than just a logo—it embodies the very identity of a business, and safeguarding it is crucial. Conducting thorough research before filing a trademark is not just a procedural step but a vital measure to protect your brand from legal disputes and conflicts. In today’s highly competitive market, where businesses constantly strive to stand out, no one can afford the risk of filing a similar or conflicting mark without due diligence.
