Since the trademark offices of many countries (including the Estonian Patent Office) do not check on their own initiative for possible conflicts with earlier trademarks, it is always necessary to carry out a search before filing a trademark application. Otherwise, there may be a conflict with prior rights belonging to third parties which could result in the applicant losing his application and all the money spent on filing it.
What are trademark searches?
A “trademark search” is an investigation of various registers for the existence of potentially identical and/or similar earlier trademarks.
What are the benefits of a trademark search?
As the existence of earlier identical and/or similar trademarks may become an obstacle to obtaining trademark protection, it is important to check whether someone has already applied for protection of the same or similar mark before filing an application. Owners of earlier trademarks can oppose granting protection to the mark applied for and, as a result, the applicant may lose all the money spent on the development of the trademark and the registration application. The earlier a potential conflict is identified, the less painful the final resolution.
How long does the trademark search take?
Depending on the client’s wishes and needs, the time needed to carry out the search and to prepare a search report with an optional legal opinion starts from 2-3 working days. We also offer linguistic analyses, for example, if there is a desire to protect a trademark in a country where the trademark may have a meaning that is not suitable for registration or an unexpected connotation.
How much does a trademark search cost?
The cost of a trademark search will depend on where the search is to be carried out, i.e., the jurisdictions in which protection is sought. Another factor that determines the cost is the number of classes of goods or services. For a more detailed cost calculation, please contact our specialists.