Skip to main content

Why is a Full Clearance Search important for existing brands, before an application is filed?

Let’s say your brand is already in use and you now sensibly decide to ensure that the goodwill and reputation generated in the name is crystallised and protected by way of a registered Trade Mark.

A Full Clearance Search often highlights a number of earlier marks which pose at least a ‘technical’ obstacle to a successful registration. In other words, there will often be a number of overlapping earlier rights, all of which could be used by their owners as the basis for objecting to your Trade Mark application, regardless of the fact that you trade in different goods and services.

Once we have identified these conflicting earlier rights, we can provide you with a Trade Mark filing strategy to ensure that, having assessed the technical risks posed by such earlier rights, there are technical ways to overcome them.

We can then devise a way to register your mark with the lowest risk of encountering objections from the owners of earlier rights and therefore ensure you do not incur unnecessary expenditure in addressing third party challenges in order to promote effective resource allocation for your business.

It is very important that you are not faced with objections that can be avoided. This can be achieved quite easily by simply having a focused filing strategy before you begin your journey through the application process. You can also ensure there are no delays to registering your Trade Mark by avoiding lengthy opposition proceedings.

Close Menu