眾律國際法律事務所

在Medium閱讀
 

在Medium閱讀
 

Trademark search is important. Trademarks are considered as one of the most important and valuable assets of a business. A good trademark would allow a business to build brand reputation and public goodwill in its goods or services sector. A trademark search is a review of various information and helps to ferret out potential conflicts (which is, intent-to-use, prior use to a similar mark). The trademark search report provides useful information. Such search can give us an idea of the protectability of the mark especially whether such trademark is distinctive or diluted and for which trademarks a particular company owns. If the search findings show that there are numerous references to similar mark for similar goods, the proposed mark may be considered weak and the scope of protection would be narrow. Searching a trademark prior registering is crucial as forgoing a search can be risky. Defendant’s failure to conduct trademark search may constitute “carelessness” and the court may weight in favor of plaintiff’s right to injunctive relief.[1] The description of goods for the proposed mark must be furnished in arranging for a search. It is crucial to insert accurate trademark descriptions because the search will focus on similar marks for similar goods as well as identical marks for unrelated goods.
Trademark search is usually conducted with a review of trademarks recorded on the register for that particular country. Some trademark searches may need to cover multiple countries. It is however uncommon for a trademark to be available for use and registration in all countries. Therefore an alternative trademark may be required in some other countries. Such searches can take about one to two weeks to complete, however it can also be as quick as a few days or as long as several months. Longer time is usually required if there are adverse results and additional steps needs to be taken.

商標「善意」先使用：明知或非明知？ 實習律師李汝民 Using its trademark with Bona fide: knowingly or not knowingly? Intern Lawyer Ru-Min Lee
前言Preamble

商標權之侵害及救濟
Infringement of registered trademark and its remedy

各國之商標公序良俗簡介 眾律國際法律事務所實習律師陳映青
Introduction of trademark’s public order and morality in different countries

商標註冊之優點 律師張源傑
Advantages for Trademark Registration