Why searching for registered trademarks is crucial for every business nowadays?

laptop-3087585_1920As it is well-known in order to be distinguished and successful every business needs a good brand name. However, the brand-building process is not the only thing that has to be bear in mind when you launch a new mark in the market.

One crucial moment is whether your new brand name can infringe someone else’s already registered trademarks.

This is a situation when your brand name is identical or similar to a registered mark for identical or similar goods and services.

The logical question here is to what extent such a conflict can arise. The brief answer is that this is highly possible especially in the current global market where there are millions of registered signs all over the world.

If such a scenario happens the consequences could be quite negative. The first aftermath is the fact that when you applied for registration of your brand name it can face opposition by the owners of early registered similar signs.

Another, even a more daunting result could be a lawsuit for infringement of an already registered trademark.

In all cases, this could mean ceasing the trademark use and choosing a new brand name that will require new investments, etc.

In light of this one, unfortunately sometimes underestimated moment, is a preliminary trademark clearance search which to show whether you can use your mark or not.

You can do such a search for free using the official Patent Offices’ trademark databases.

However, to use them correctly you need to know some detail for trademark protection and how these database work.

In that regard, e new Udemy course has been published recently, which explains how you can conduct a trademark search on your own. You can assess the course from here, which by the way is on promotion with a 93% discount.

Coming your way

A Black Friday trademark case in Germany

addtext_com_MDQ0MzQxMzUyMQOliver Löffel published an interesting article for Lexology which concerns a case for a Black Friday trademark registered in Germany by a Hong Kong company that licensed this mark to a Vienne based company.

In a nutshell, the later company started to threaten every other company that tries to use this expression in advertisement campaign related to the well-known US day for bargain-sales.

It is no surprise that in this case many cancellation actions were been initiated against the mark on absolute grounds – lack of distinctiveness and a term which have become customary in the current language or in the bona fide and established practices of the trade. The reason for this is the fact that this mark was registered in 2013 whereas the use of the expression in Germany started back to 2006 when Apple use Balck Friday for its promotional campaign.

More information here.