​A proper online name search when registering trademarks?

Online name search is crucial for developing a successful brand

Creating a new brand, new product, service or business name can be a very time consuming and potentially expensive process. At some stage most experts advise checking registered business names and trademark attorneys always undertake a thorough clearance search of the trademark registers seeking evidence that the name may already be in use.

However all business is now online. Most of us now research and reference online first before making any (purchase) decisions. We use Google, we look at websites and we engage with social media. 

Why then during the trademark registration process is it rare for a thorough online search to be undertaken?..... on Google, of domain name registries and on social media platforms to see whether there is anything confusingly similar or even identical? A Google search shows if there is a website it does not show if there is a domain registered where the website has not yet been published.

We recently worked with a client where the trademark had been registered without realising that a Facebook page using the same name and concept was already in existence. Also that a domain had been registered (with the website following). In this case it was difficult to takedown the website or social media page because the client’s trademark had been filed after the website and social page had been created. This meant it was difficult to show trademark infringement.

This June we also observed the Supreme Court affirm that the mark BOOKING.COM was registrable and not generic.

Lexdech can help you with a complete your search by checking online in 3 easy steps:

You give us the name
We check for domain name registrations, websites, social media, marketplaces etc
We offer an ongoing check as part of your watching vigilance

Why not trial a search or watch today. For a free trial go to ​https://www.lexdech.com/contact-us