Choosing a brand name is an exciting step for any business or entrepreneur. It’s the name that will represent your hard work and creativity to the world. But before you get too attached to that perfect name as well as spend valuable time and money on research and development into products containing the name and developing logos, there’s a crucial step you should never skip: a trade mark search.
A trade mark search can you avoid the nightmare scenario of building your business around a name you can’t legally use. It also helps you avoid costs in developing your business around a name or brand that is already ‘out there.’
Here’s why a trade mark search is worth every penny:
- Avoid building your business around a brand you can’t use: Imagine pouring your heart and soul into your business, only to discover someone else has already trade marked your chosen name. A trade mark search helps you steer clear of existing trade marks, giving you peace of mind to build your brand with confidence.
- Save Time and Money: Trade mark battles are expensive and time-consuming. A thorough search upfront can prevent you from investing significant resources in marketing and branding materials for a name you ultimately can’t use. The cost of a search pales in comparison to the potential financial and emotional toll of a trade mark dispute.
- Uncover Potential Competitors: Trade mark searches can be surprisingly revealing. They can uncover businesses using names similar to yours, even if they’re not exactly identical. This can give you valuable insights into the competitive landscape of your industry. By understanding who your potential competitors are, you can make informed decisions about your brand strategy and positioning.
- Go Global? Search Global: If you have international ambitions for your business, consider conducting a trade mark search in each jurisdiction you intend to build your brand in. This ensures your chosen name is available for use not just in your local market, but also in potential future markets you might expand into.
How Deep Should You Search?
The level of detail you need in your trade mark search depends on your budget and risk tolerance. Here are some options to consider:
- DIY Online Search: A good starting point is a basic web search. Look for your chosen name being used by other businesses offering similar products or services. While not foolproof, this can reveal any glaring conflicts.
- Professional Search: For a more thorough investigation which is advisable before filing any trade mark, consider conducting a search through a lawyer/agent that are familiar with trade mark laws, has an established trade mark practice and are allowed under the relevant trade mark laws to execute same and subsequent application for registration of a trade mark on your behalf. They can access specialised databases and provide a detailed report on potential conflicts with existing trade marks. They also search within the specific class(es) of goods/service that you are looking to potentially file in and can let you know whether an application will be successful based on the results. This is a good option if your brand name is particularly unique or you’re entering a competitive market.
The Bottom Line: Search Early, Search Often
A trade mark search is an investment in the future of your brand. The information you gain can save you significant headaches and resources down the road. We recommend conducting a trade mark search as soon as you have a promising brand name idea. The earlier you search, the better chance you have of securing the perfect name for your business and building a strong brand identity.
CLAIRE GIBSON-PIENAAR
(PATENT ATTORNEY)
DE KLERK & VAN GEND INC.
