A trademark is a mark, symbol, word, recognizable sign, phrase, design, or a combination thereof which create a visual identity of a business and that distinguishes and identifies the goods or services of one company from those of others. Trademark investigation typically refers to the process of conducting research and analysis to assess the availability and potential infringement of a trademark. It involves gathering information about existing trademarks and determining their similarity to the proposed trademark or the one suspected of infringement.
1. Risk Mitigation: A trademark investigation helps to mitigate the risk as associated with the proposed trademark by identifying the potential risk and conflict as may be involved. By ascertaining the chances of availability and potential infringement, it permit the trademark owner to take decision accordingly.
2. Protection to Trademark: Trademark investigation helps to protect the right of the trademark owner. It help to ensure that there is no infringement activities being carried out by any third party.
3. Maintain Goodwill: Trademark investigation helps to maintain brand goodwill by keeping track that there is no unauthorised use or counterfeiting of the trademark. By proactive eyeing the marketplace and taking timely action against the infringement helps to maintain goodwill of the brand as well as brand owner.
4. Avoidance of Legal dispute: Registering any trademark after thorough investigation helps to avoid legal dispute by not to infringe any third party trademark.
5. Licensing and Franchising Opportunities: A thorough trademark investigation enables businesses to identify potential licensing or franchising opportunities.
6. International Expansion: For the business organisation planning to expand their business operations in other country, for them trademark investigation is very crucial, as it help them to ascertain the availability of trademark in different jurisdiction.
7. Competitive Advantage: A trademark investigation allows businesses to differentiate themselves from competitors.
8. Investment and Due Diligence: Trademark investigations are crucial and necessary for the investors or business acquirer to ascertain the value and risk involved in investment / acquisition of brand.
What is included in this
- 1. Independent Market Research
- 2. Free exert advice;
- 3. Regular updates;
- 4. Trade Mark Search;
- 5. 24*7 mail support;
1. Why is a trademark investigation important?
A trademark investigation is very essential to ascertain the availability of the trademark and its potential infringement of a trademark. It helps the trademark owner to take decision in respect of not only to file or not to file a trademark, but it also help the trademark owner to ascertain whether to take legal action or not in case of trademark infringement.
2. When should a trademark investigation be conducted?
In an idol situation, trademark investigation is required to be conducted before applying any new trademark or launching any new product or services with some new name or expanding. It is important to check that whether new proposed trademark is infringing some other person trademark or not.
3. What are the benefits of a trademark investigation?
It has various benefits. For instance, in case of new trademark, it help the user to ascertain the possibility of availability of such trademark. In case of business acquisition, it helps the acquirer to ascertain the true ownership of the trademark or to ascertain whether there is some possibility of infringement of trademark or not.
4. Can a trademark investigation prevent all potential conflicts?
No, purpose of trademark investigation is to mitigate the risk and help in decision making and take bona-fide decision considering various facts as would be available with the trademark owner after trademark investigation. However, it can not prevent100% conflict.