Searches that go beyond the identical search are performed according to the level of risk the client is willing to bear. Once a brand strategy is built around a trademark, the costs rise substantially to resolve problematic issues, or redirect the marketing roadmap chosen for a new product launch – points to consider in choosing an overall IP strategy. Similarity searches are used to identify marks closely related to a desired mark which may result in confusion in the consumer marketplace. The so-called confusion test is one of the criteria used by trademark offices to evaluate merits of a mark for registration.
Similar matches may be homonyms (such as Kwik Klean) or even synonyms of the desired mark. Similar prefixes, suffixes, or other common letter-groupings can raise a flag regarding the confusion test as well. For desired marks having distinctiveness which provides stronger protection, such analytical searches are recommended to ensure that no conflicts can unexpectedly arise. Logical operators (such as AND, OR, NOT, and XOR) are used to facilitate a similarity search, as well as truncation and wildcard elements. Intellectual property firms specialize in performing such searches.
FlashPoint IP, a leader among intellectual property firms, provides all types of professional trademark searches for registered and unregistered marks worldwide, as well as national and international trademark registration. We assist in the candidate selection process of brand names to maximize IP value and protection. Contact us to discuss your options regarding IP strategy and positioning, and to find out more about FPIP trademark searches. On Your Mark, Get Clearance, Go!