Trademark Search - How To Do A Trademark Search For Registered Trademarks Explained #rolfclaessen

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Trademark Search Tutorial - How to do a trademark search for registered trademarks explained #rolfclaessen
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Before launching or rebranding your new product or company it is important not to collide with earlier similar trademarks, sometimes also called trademark availability search or clearance search. OHIM (the Office for Harmonization of the Internal Market, somtimes just called the EU Trademark Office) offers a service called TMView for conducting a trademark search.

https://www.tmdn.org/tmview

Not only the EU member states but also other countries and offices such as the WIPO, US (USPTO) and Korea are contributing their data to this handy database.

You can click on Advanced Search and then enter the name of your new product. You can also limit your search with many other criteria such as the classes for goods and services. One very interesting feature is the possibility to also search for similar trademarks.

Lets use an example: we want to lauch a new line of t-shirts under the name of marimba. So we enter marimba in the trademark field. We also want to limit the search to class 25 for clothing. Also, we could add classes 18 for bags, 14 for jewellery and 35 for retail services, since these are sometimes considered similar. And then we check the checkbox called Fuzzy. We cold in theory limit the search to particular offices. After submitting the search we are presented with all the similar trademarks in class 25.

Learn more about classes at

http://oami.europa.eu/ec2/?lang=en

If you are not a lawyer it could make sense to ask a patent or trademark attorney to conduct the search and give you an opinion about the most relevant results. Your patent attorney is liable for what he says and if your are successfully sued by an owner of,an earlier mark, the insurance of your patent attorney may cover for the damage in case he said that he does not expect any issues with this particular trademark. Also, experienced trademark professionals will know the relevant caselaw when two trademarks are considered too similar.

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Here are links to the resources that I mention:

https://www.tmdn.org/tmview

http://www.wipo.int/branddb/en/

http://oami.europa.eu/ec2/?lang=en

Related video:

https://www.youtube.com/watch?v=lM5YBGh_Cwc

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Other useful websites:

IP Fridays - http://www.ipfridays.com (intellectual property podcast)

IP Newsflash - http://www.ipnewsflash.com (intellectual property news portal, free patent PDF download, free patent family search)


About Rolf Claessen

Rolf is partner of IP boutique law firm Freischem. The firm is managing about 4500 trademarks and 6500 patents and patent applications for mostly domestic medium sized clients in Germany in many technical fields.

Rolf has been included in the Patent 1000 rankings of the IAM magazine ever since 2013. And he is included in the WTR1000 ranking in 2015.

He is a prolific writer mostly writing for law journals such as GRUR or IP Rechtsberater. He is host of his two podcasts Markenpod and IP Fridays.

Rolf is also volunteering his time in the worldwide volunteer organization Junior Chamber International (JCI), where he served as executive congress director for the JCI World Congress 2014 in Germany.


Contact Rolf at

Dr. Rolf Claessen
Patent Attorneys Freischem
Salierring 47 - 53 (12th floor)
D-50677 Cologne
Germany

Telephone: +49 (221) 270 5770
Facsimile: +49 (221) 27057710

http://www.freischem.eu

Legalese and Disclaimer

You have been watching a video by Rolf Claessen. The views expressed by the participants of this program are their own and do not represent the views of nor are they endorsed by their respective law firms. None of the content should be considered legal advice. This video should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents of this video are intended for general informational purposes only and you are urged to consult your own patent attorney on any specific legal questions. As always, consult a patent attorney.
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