Why carry out a trade mark search?
A trade mark search is carried out to discover whether a proposed name or logo is already registered. The registration of a trade mark means that the owner has the right under the Trade Marks Act to enforce the exclusive use of the mark in respect of the class of goods or services in respect of which it is registered. This entitles the owner to take action for infringement against anybody who makes use of the same or a confusingly similar mark for the same or similar products. A trade mark search can (and often should) be carried out even if there is no intention to register a trade mark and is often done when a new company is formed. When a limited company is formed a search is always carried out to check that the proposed name is not already registered with the Registrar of Companies. However, the proposed company name may be the same or very similar to a registered trade mark. A trade mark search gives a broader picture of words and logos already registered. This may prevent uninten
