Trademark Search - How to do a trademark search for registered trademarks explained
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- Опубліковано 28 жов 2015
- 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.
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
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:
www.tmdn.org/tmview
www.wipo.int/branddb/en/
oami.europa.eu/ec2/?lang=en
Related video:
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Other useful websites:
IP Fridays - www.ipfridays.com (intellectual property podcast)
IP Newsflash - www.ipnewsflash.com (intellectual property news portal, free patent PDF download, free patent family search)
About Rolf Claessen
Rolf is patent attorney of IP boutique law firm Michalski · Hüttermann. 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
Michalski · Hüttermann & Partner
Speditionstraße 21
D-40221 Düsseldorf
Germany
Telephone: +49 211 159 249 0
Facsimile: +49 211 159 249 20
Email claessen@mhpatent.de
www.rolfclaessen.com
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.
I love all your videos. I find them very easy to follow and very informative!
Thanks for share Rolf!
Sehr gute Basisinfo, vielen Dank!
Thank you!
Well done!
Great Tool and great explenation ... Channel subscribed!
Thank you.
Good Tutorial. Very clear. Thank you.
+Rolf Claessen
Hi Rolf, Your other tutorials are in German so I am not able to give an opinion on them. However of the one in English that I did watch, I think it would be helpful to give an explanation for some of the terms used that would not readily be understandable by the general public. For example there is a column for "trademark type", under that column there was the word "combined" in the search I made. I had to search in google to find what that meant. Also how to find out from the information provided if a trademark covers only the country mentioned in column "Trade mark...", or some other countries also.
I can't at the moment, think of other tutorials you could do, but I will keep it in mind.
Thanks! Help me a lot. But still i have a question, can you tell. I want to register myself a UK trademark as individual or company, but i do have a UK living address, because i am living outside EU. So in this case, what can i do?
Thanks in advance for your reply.
Thank you for your valuable knowledge. A few days before I have contacted a trademark registration agency Regimark to verify about registration. But, how can I trust it is good or fake.
Guide me.
Thanks for the very useful information, it helped a lot.
I just have a quick question, for example if there is a brand name schönkind can i use shonbaby?
which has similarities and its a translation of the word?
Thanks
Dear Mr. Rolf, Thanks for your reply. In Germany? I am learning more information about how to do business in Germany.
Thanks
Wich class are man and women lather bags as travelers bags, luggage, purse, laptop bags ,basically all types leather bags and leather phone cases and watch strap thank you
Most of it is in class 18. Some could be in 14 and 9, depending e.g. on the material.
Hi Rolf, I was trying to export results from TMView in excel/word format but the images of the trademarks are not exported in the file (showing error). what may be the problem?
Danke für das informative Video!
Eine Frage zu der Ähnlichkeit von Marken:
Ich möchte unter einer Marke mit dem Namen "Lavie Shape" verkaufen. Jedoch habe ich jetzt bei meiner Recherche herausgefunden, dass es bereits viele ähnliche Marken in der gleichen Nizza Klasse gibt wie "lavie, lavis lavie, lavie en rose"
Stellt dies ein problem dar, wenn ich unter dem Namen "Lavie Shape" verkaufen möchte?
Vielen Dank und weiter so!
Always loading, I cannot use the sie
Dear Rolf, I really enjoy watching your channel. A small question, why is it a "non licensed attorney / patent attorney is liable for what you do with the search" and ask help from patent attorney? Any legal basis? Many thanks! Qiushi
I see, thank you!