What are clearance searches?

A clearance searches is the vital due diligence that should be conducted prior to using a brand or applying for a trade mark.  The purpose is to identify identical or similar registered trade marks, as well as any pending trade mark applications predating yours because these will pose risks to your brand.

Why should you conduct a clearance search?

For any business, protecting their brand is crucial to establishing and maintaining market share. Registered trade marks allow you to stop copycats and those seeking to profit from the hard earned goodwill and reputation you have built in your brand.

When first selecting a new brand or sub-brand, it is important to know whether the selected mark (a) is registrable under trade mark law, and (b) would infringe a third party’s trade mark.

A clearance search identifies any earlier registered trade marks that might be similar to your desired brand. If similar marks are found, these pose a risk to both your use of the brand, and any application for a trade mark. Earlier rights owners could oppose your trade mark application, and bring court proceedings for trade mark infringement, copyright infringement or passing off.

A good clearance search should highlight such risks and offer advice, whether in the form of mitigation strategies, or by providing alternative options. That way, you do not run into surprises or problems further down the life of the brand when you have already invested significant amounts in establishing the brand.

Proceeding with a brand or trade mark application without a clearance search, leaves you vulnerable to claims of IP infringement which could lead to having to abandon the brand, and pay damages or profits to the claimant. Such disputes are also costly to deal with, even if they end in resolution.

How JMW can help

The IP team at JMW has extensive experience in advising clients on their brand selection, protection and management. We offer a high-level advisory service in conducting clearance searches and due diligence on behalf of our clients.

Using specialist software, we can search for existing marks that may pose a risk to your application and provide you with a risk-assessed report and detailed advice on the results and the registrability of your mark. We then run through this advice with you on a call so that you are able to fully understand the risks, and make informed decisions on along your branding journey.

During the process of advising on registrability and any risks from earlier marks, whilst offering options and mitigation strategies, we also seek to obtain the widest scope of protection available to you, so that you are well set up for the future expansion of your brand.