Message: Beware of 'instant' free trademark search results online.
Some trademark websites offer an immediate online search result, In our experience, these online automated trademark search sites are sometimes unreliable.
The 'instant' trademark search results that they report can lead to snap decisions based on incomplete information.
We had an enquiry today (1st June 2011) from a restaurant owner who had just done a search using one of the online trademark search sites. The search result had indicated that his chosen name was legally available and had given him the go ahead to proceed. He was about to commit to a cost of about £800 including registration fees and VAT.
Fortunately, he had the sense to check this ‘immediate search result’ with our free trademark advice service first. We ran some proper searches for him using the correct search parameters. Incidentally, we also gave a near immediate service but with the benefit of some proper consideration by a legally trained expert.
Surprise, surprise. Not only was the restaurant name which the other site had said was OK was most definitely NOT available, but if he had gone ahead on the basis of the result given by this online trademark search website he would almost certainly have been sued for a lot of money by the rightful trade mark owner.
We get daily examples of this kind of thing.
The consequences of investing in a trademark that seems to be available after getting a quick online report from one of these quick search websites can be absolutely catastrophic.
There is really no substitute for trusting a reputable advice-based service.
It costs you nothing to be sure of your trademark position. We can save you not only the cost of one or more abortive trademark applications, but, more importantly, we can often save you from the dire legal and financial consequences of investing in a trademark that is not legally available.
So don’t throw your time and money away on a trademark application until you have taken some sound advice, especially if that advice and guidance is free. That way you should avoid having to deal with potential legal proceedings and the cost of a re-brand. It goes without saying, that you should never invest in a brand until you are certain that you have obtained a trademark registration.
Talk to us before you commit to the cost of a trademark registration.
Our trademark advice service is free.