Why conduct brand research?

Conducting brand research is of great importance. Failing to do so exposes you to significant risks. There’s a chance that at a later point, when your brand is already well-established in the market, you might suddenly be forced to change your brand because it infringes upon the older rights of someone else. It’s crucial to investigate whether your brand conflicts with an older, protected trademark.

Arena Case

Do you remember the Arena case? The stadium hadn’t done its homework well and hadn’t conducted thorough research into the availability of the name ‘Arena.’ Hotel Arena, located near Amsterdam’s Oosterpark, successfully objected through legal means. The Arena stadium had to change its name. Eventually, the case was settled. In exchange for the right to continue using the name, the stadium paid Hotel Arena around €1.5 million.

Merkonderzoek Arena

Brand Research: Quick Scan or Full Search?

It’s obvious that the most comprehensive research yields the best results. Unlike a Quick Scan, thorough research not only identifies (almost) identical trademarks but also highlights those that bear some resemblance and could potentially pose obstacles.

However, comprehensive research is also significantly more costly than a Quick Scan. Ultimately, you decide how deep you want to dig and how much money you’re willing to invest in brand research. But regardless of the type of research you choose, the most important thing is to conduct some form of research. Introducing a new brand without brand research is highly unwise.

Brand Research: Word mark or Logo

Brand research is not only recommended for new word marks but can also be very useful when introducing a new logo. With brand research, you assess whether there are older logos registered that bear similarity to the new visual mark.

Merkonderzoek scan
Trademark Searching

Do you want to enter the market safely with your brand?

Are you introducing a new brand, and do you want to know of any risks? Then it’s advisable to conduct a trademark search. Send this form, and our legal team will contact you within 24 hours with information about the possibilities, the procedure and the costs.

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Case Gletcher

Fancy a glacier as a drink?

 

A customer wanted to launch an iced drink in Europe with the name Gletscher (translated: glacier). Sounds nice and cold, and visually a name like that works well. However, the research budget was limited. Our advice was to at least do some preliminary investigation and it’s a good thing we did that check.

What came out of the brand research for Gletscher?

Merkonderzoek Gletcher

FAQ Trademark Search

What exactly is a full trademark search?

A full trademark search is an analysis to assess whether your brand name, logo or slogan conflicts with existing trademarks. It examines earlier trademark rights that may be legally relevant to your products or services.

Why is a trademark search necessary before I register my trademark?

Without a trademark search, you risk refusal of your application or being forced to stop using your trademark later on. A trademark search helps prevent legal problems, unnecessary costs and rebranding.

What risks do I face if I do not conduct a trademark search?

You may face oppositions, legal claims, damages or be required to change your name. This can have significant financial and commercial consequences.

When is a trademark legally too conflicting with an existing trademark?

If a trademark is too similar to an earlier trademark and is used for similar goods or services, there may be a likelihood of confusion. This makes registration or use risky.

What does “likelihood of confusion” mean?

Likelihood of confusion means that the public may believe your trademark originates from the same company as an existing trademark, or that there is an economic link between the two.

In which registers is a trademark search conducted?

This depends on the desired scope of protection. It may include Benelux, EU or international registers, supplemented with trade names and sometimes domain names.

What types of trademark search can be conducted?

In general, there are two options: a Quick Scan, which is a search for (more or less) identical trademarks, and a Full Search, which is a comprehensive search for identical and similar trademarks.

What is a Quick Scan?

A Quick Scan is a search for (more or less) identical trademarks. It quickly identifies the most obvious obstacles. Chiever can conduct a Quick Scan in any country worldwide. Results and advice are typically provided within 1–2 working days, and the costs are limited.

It is important to note that this is not the most comprehensive search. A complete picture of potential risks is only obtained through a Full Search.

What is a Full Search?

A Full Search examines both identical and similar trademarks. It goes much deeper than a Quick Scan. As a result, it is more extensive, takes longer and is more costly, but it provides a much more complete risk assessment.

Does a Full Search only look at identical trademarks?

No. A Full Search primarily focuses on similar trademarks. Even a small similarity can be legally relevant.

How long does a full trademark search take and what does it cost?

Depending on the region and scope, it usually takes a few working days to about a week. Costs vary based on the region, depth of research and number of classes. A Full Search is more expensive than a Quick Scan, but it often prevents much higher costs later.

What is the difference between a full trademark search and doing a search yourself in a trademark register?

A self-check only shows whether an identical trademark exists. A full trademark search also examines similarities in name, pronunciation, meaning and visual impression, and assesses the likelihood of confusion.

Can I have a logo searched in addition to a word mark?

Yes. Chiever also conducts searches for logos and figurative marks. However, there is no identical Quick Scan available for logos. A Full Search is always required, which is a comprehensive search covering identical and similar trademarks.

Can a trademark search guarantee that my trademark will be approved?

No. A trademark search provides a risk assessment, not a guarantee. However, it significantly increases the likelihood of successful registration.

What happens if risks are identified?

You will receive an explanation of the risks and possible next steps, such as adjusting the trademark, limiting the goods and services specification or choosing an alternative name.

Does a trademark search take my products and services into account?

Yes. The assessment is always linked to your specific activities. A trademark may be acceptable in one industry but problematic in another.

Do you have a question about brand research that’s not listed here? Feel free to contact us!