Identity and similarity searches to decide whether a trademark can be registered
The Industrial Property Code provides that a trademark may be registered only if it is new, distinctive and legal, in other words sufficiently differentiated from other distinctive signs, capable of distinguishing the goods and/or services to which it is linked, not contrary to the law and morality.
So it is essential, before proceeding to apply for registration, to verify that these requisites are present via an trademark infringement search.
The infringement clearance searches undertaken by our firm aim to establish:
- the existence of existing trademarks identical to that to be registered, which are already owned by third parties for identical or similar products and/or services (identity searches);
- the existence of trademarks or other distinctive signs (company names, domain names) similar or identical to that to be registered, which are already owned by third parties (similarity searches).
To extend further the protection of the registered trademark, we also provide trademark monitoring services and conduct searches on the availability of domain names.