Search and check the mark protectability

Search and check the mark protectability


One of the most important services in IP market is conducting a search in the databases of registered trademarks and databases of applications for registration.

Our company is offering several choices of trademark search:

  • Express search takes 1 business day. It provides the information about trademarks protected on the territory of Russian Federation. Analysis is performed on protectability of the sign. It is recommended for preliminary analysis to decide whether to continue the work with the sign.
  • Full search takes from 7 days to 1 month (the term depends on client preference). It provides not only information about trademarks protected on the territory of Russian Federation, but also information about the applications for trademark registration. Analysis is performed on protectability of the sign. This type of search is recommended in case of positive results of the express search for making the final decision on filing the trademark application.

 

Frequently Asked Questions:

In which situations the search can be required?

The search is usually done in the following cases:

  • Before assigning the sign to the product or before rendering service using the sign in order to make sure there will be no trademark infringement (hence no basis for complaint);
  • Prior to filing the trademark registration in order to estimate the possibility of getting the trademark protection. In case potential problems (i.e. existing trademarks) are revealed appropriate actions can be taken to resolve them;
  • During development of marketing strategies, rebranding, etc to exclude frequently used signs;
  • For mergers and acquisitions to make sure all trademarks are accounted for.

What is analysis of the sign protectability?

According to Russian law not all signs can be registered as trademarks.

For example, the following signs can not be registered as trademarks:

  • not distinguishable;
  • false or capable of misleading the customer; 
  • consisting only of elements that are generally accepted symbols for some sort of goods and so on.

Our expert will perform protectability analysis to determine if your sign complies with the requirements of the law. In case of potential problems recommendations will be given how to correct them and, thus, to increase the chances for registration.

Who can conduct the search and what is needed for this?

Any interested person can order a search in trademark database (in Russia it is Rospatent database). One needs to forward there a request with sign specification and a list of classes for which the search is requested.
However, the main problem is not getting the results from the database but their interpretation. At this stage we recommend consulting with the specialist in order to avoid erroneous interpretation of the search results.

What are the time limits for conducting a search?

The time limit depends on the type of trademark (word, figurative or combined) as well as the type of the search (express, full or extended);

How much does the search cost?

The cost of search depends on several factors, including the type of search and the time limit. More information can be found here

 

If you have any remaining questions or want to order a search you can get in touch with our experts by email This email address is being protected from spambots. You need JavaScript enabled to view it.
For more detailed information you can also visit our page with Frequently Asked Questions.