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Trademark Searching:
MontaguLaw can handle your trademark searching needs.
Our trained trademark search department can be tasked to carry out anything from a quick preliminary "knock-out" search to a fully coordinated world-wide search with legal opinion. All searches will be carried out to minimize your work load and cost while providing quick
and accurate results. You can use our services as a knockout tool or as a one-stop for worldwide clearances.
Preliminary Searches.
A preliminary search is conducted to screen new marks for obvious conflicts with prior existing registered or pending trademarks. The search is performed using an in-house database to significantly control and reduce cost. The search can be complete in 2-3 business days.
Preliminary search results are communicated
to the client verbally or via email.
Below are commonly sought
jurisdictions:
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1. Australia
2. Austria
3. Canada
4. China
5. Czech Republic
6. Denmark
7. Finland
8. France
9. Germany
10. Hong Kong
11. Hungary
12. India
13. Ireland
14. Italy
15. Japan
16. Liechtenstein
17. Lithuania
18. Monaco
19. Norway
20. Poland
21. Singapore
22. Spain
23. Switzerland
24. Sweden
25. UK
26. USA
27. EU/CTM |
Local Searches.
Once a trademark is cleared in through a
preliminary search, more extensive searching is preformed in each jurisdiction. Local searches
may sometimes be instructed and,
depending on the extent of planned use
within a particular jurisdiction, local
searching may be advised in addition to our
standard search procedures.
Common Law Searches.
Jurisdictions where trademark rights arise from use rather than registration are referred to as common law jurisdictions, the most notable being the U.S., U.K., India, Australia and South Africa. We strongly advise clients to search local databases for conflicting unregistered trademarks in all common law jurisdictions
prior to adopting and renewing key
trademarks.
Miscellaneous Investigation.
As search results are reviewed it is common that more intensive
investigation is required to uncover details of potentially conflicting
trademarks. An investigation firm may be engaged to carry out "in use"
investigations to determine whether a trademark owner is currently using
its trademark in commerce. Clients are consulted before costs are incurred.
Advice.
No matter which search you might request, we
will advise you regarding (i)
whether the application is likely to prompt an office
action by the reviewing trademark officer, (ii)
whether others would be likely to contest the
registration of the mark once the application is
published and (iii) whether to proceed to apply for
trademark rights or whether a new mark or name would
be advisable. |