Trade Mark Clearance
Why is trade mark clearance so important?
Well, it’s the first step to making sure your registration application is successful.
If your chosen mark already exists (or there is one very similar to it), your application will be rejected. That means the initial fees are lost and you’ll have to pay them again when you resubmit the application.
However, working with our team during this vital stage of the process means we’ll make sure your chosen trade mark is unique. And no, a quick Google search is not sufficient.
Trade mark search
An inadequate search, a search for just the ‘identical’ mark, or no search at all, could lead to action being taken against you by a third party. For example, if you attempt to register a trade mark that is the same or similar to an existing mark, for the same or similar goods or services, you could end up facing a trade mark opposition.
That’s why it’s essential to make sure thorough searches are done before submitting your application.
Our team leaves no stone unturned when it comes to the validity of your trade mark. On top of the usual comprehensive searches of the UK and EU Trade Mark Registers, we can also search company names or domain names. We can look at other sources for unregistered trade marks, and conduct enquiries as to whether a particular mark is in use by its registered owner, or when it was last used.
Instructing us to do a UK clearance search is straightforward. Just tell us:
• The trade mark you want to use
• The products or services it is to cover
After doing the necessary searches, we’ll give you a report telling you if you can use (and register) the new trade mark, identifying any potential issues and advising on the level of risk involved. Then, it’s over to you to make an informed decision about whether you want to go ahead with the registration process.
It is possible to undertake an ‘identical search’. As its name suggests, these look for the identical trade mark only, and nothing further. This sort of search can be useful if you have several potential trade marks that you are considering. The results will flag up whether the identical trade mark exists and you can then choose to discount that particular trade mark as an option and move on to further investigations.
But it’s worth remembering this is not as comprehensive as a clearance search because it doesn’t check for similar marks, or even closely similar ones. For example, an identical search for ORIGINAL would not find ORIGINALITY, THE ORIGINAL or even ORIGINALS. So, if you do want to conduct an identical search, we want to stress that it won’t give you an indication of whether it’s safe to use and register your trade mark; it’s crucial that you’re aware of the risk involved.
Trade mark search timescales
When it comes to timescales, identical searches take a day or so, depending on the number of marks involved. The results of a UK full clearance search generally take between three to four working days.
Although it will delay the registration process, conducting trade mark searches are of great assistance in making sure your application proceeds smoothly.
Trade mark territories
Trade marks are territorial so undertaking a clearance search in the UK only identifies potential issues with other earlier trade marks having effect in the UK.
Unfortunately, there is no way a comprehensive global clearance search can be conducted.
If you do business in, for example, the US, China, or Canada, separate searches must be undertaken in each of those countries to make sure there are no potential conflicts for your brand.
Even if you currently don’t trade outside the UK or the EU, we must discuss your future business strategy, so any plans for expansion are covered during this clearance phase.
Comprehensive trade mark clearance searches are a vital element of the registration process. It is the only way you can be sure your chosen mark can be used, without infringement, in the countries in which you trade.
Don’t leave your brand vulnerable.
Trade Mark Reviews
One of the greatest assets of any brand is it’s IP. Working with Rachael is a joy – her professional insight, experience and clear (no jargon) communication enables you to make informed decisions about how and where you protect your brand. Whatever stage of business/brand development you are currently at, I’d recommend speaking with Rachael, to find out what you can protect and the best ways to achieve a robust solution, that’s fit for purpose.
Extremely happy with the professional service provided by Ward Trade Marks in obtaining our trade mark. Their advice and support made the process stress free and I would not hesitate to recommend them to others.
Rachael is extremely personable and professional. She has handled all of our trade marking adventures over the last few years with success and efficiency. Highly recommended.
Rachael worked with my daughter and me to trade mark our company name, Arya Candles. She is a true professional and a delight to work with. Highly knowledgeable and nothing was ever too much trouble.
Rachael Ward provided us with excellent service over a period of over 3 years (2014-2017). Rachael is a very practical and pragmatic trade mark attorney: she gets quickly to the heart of a problem and is extremely efficient in her work. She has a good depth of knowledge about trade mark law, but never allows this to get in the way of clear-sighted, practical advice. I would strongly recommend any business to use Rachael Ward and Ward Trade Mark Services on trade mark issues.
As a marketing and design company it has been in the back of my mind since I launched TukTuk Creative Marketing to trademark the brand. There have been a few local companies who have recently had to change their name and branding because another company has objected. I love our company name, and it brings to life what I wanted to do when I started the company – taking brands on an inspiring journey, and what better way than on a TukTuk. To lose the name now or in the future would be crushing. Rachel has been amazing from the start, and I whole heartily trust her to set up the Trademark and follow up with any issues that occur along the way.
Rachael is very efficient and productive trademark law expert which helped us to register copyrights for few our brands. She did a good research and gave us useful advices. Their fees are very reasonable. We were happy working with her.
I approached Rachael after working unsuccessfully with two other trade mark companies. Rachael was a joy to work with. She explained everything very clearly and was very open and upfront with her pricing. I was kept fully updated of the progress of my application. I am pleased to say I have now got my EU trademark, thanks to Rachael.
Our initial consultation with Rachael at Ward Trade Marks reinforced our focus regarding our branding and Company marketing for the future. Once BoMoJo was officially registered and published it enabled us to apply and acquire @BoMoJo as a Twitter username from an account that had been dormant for over 6 years. Twitter processed our request, swiftly and promptly and all was completed within a week, transferring our followers from @BoMoJoProd to @BoMoJo. Quite simply a first-class service is what you can expect from Rachael, who is extremely efficient, using her experience, knowledge and expertise to deliver your Trade Mark requirements. Rachael is thorough and precise. Cristina and Barry have absolutely no hesitation in highly recommending Ward Trade Marks.
Having been recommended to us by a trusted friend, we engaged Rachael to acquire a trade mark for our new venture, and thank goodness we did. What we thought would be a simple application, met with objections from a company in the US, however Rachael’s sound, professional advice, steered us through the negotiations to a successful conclusion, TM approved! I would not hesitate to recommend Rachael to anyone who is not an expert in such matters, (and the bill was very reasonable too!)
Rachael was a business partner to Mars trade marks team advising on all product segments. Rachael applies a compelling mix of trade mark and commercial knowledge and experience to her advice. She is a clear communicator and client-focus is always number 1. A true collaborator and pleasure to work with.
As a branding agency, we believe that it’s critical for businesses to make sensible decisions about protecting their entities. We recommend using Ward Trade marks to our clients, as they fully comprehend the minutiae of the whole process and get it done in a fuss free, cost effective way, but most importantly, they make sure your brand assets are fully protected, which can alleviate a lot of potential heartache later on.
As a charity The Woodbridge Tide Mill Museum was hesitant to enter the world of trade mark protection for fear of endless paperwork and high costs. We were recommended to speak to Ward Trade Marks and it proved to be good advice. Bill and Rachael provided a fast, well-explained and cost-effective service so that the whole matter was resolved within a couple of months. No stress, no jargon just common sense, knowledge and experience. Highly recommended.
Ward Trade Marks were fantastic to deal with, they explained everything in an understandable way which for the layman made it easy to comprehend and have efficiently seen our application through from initial discussion to fruition. As a charity our name means everything and we wanted to protect it.
Friendly, knowledgeable people, who I feel we can trust with all of our Trademark concerns / issues. The company is available when I need them (answer my queries out of regular hours – not something I can expect but something I really value and appreciate) and I feel ‘goes the extra mile’.
-Loved your service. I thought the service was very friendly and professional and couldn’t ask for anything more really.
Great attention to detail, good updates right through the process – we were new to the trademarking process, you supported us through the journey. So from our perspective you fully met our requirement.
The team @ Ward Trade Marks and especially Rachael have been instrumental in supporting and developing the IP @ Crude Coffee. As a new startup business I cannot recommend highly enough the help, guidance and IP strategy that Rachael and the team have created for us. I would not hesitate to recommend them to any other start-ups or established businesses looking to create, develop and protect your IP!
Make an Enquiry
To make a no obligation enquiry, please either call us on 01284 774841 or make an online enquiry and we will be delighted to help you.