Before using a new sign in trade, before introducing a new firm name or setting up a new company and before filing a new trade mark it is indispensable to conduct novelty searches.
The owner of a prior exclusive right that is valid with respect to the same products or services is entitled to enforce its own prior rights to oppose the use of a later identical or similar sign by third parties.
Our searches' aim is to detect registered trade marks that are verbally, graphically and / or phonetically identical or similar, i.e. potentially capable of generating confusion, with respect to a proposed sign. We offer our clients an effective evaluation of results, thus permitting to decide rapidly whether a sign can be used or not. Our search reports, which give indications on the significance of the results obtained, are directly processed by admitted Trade Mark Attorneys.
Similarity searches
By means of identity searches it is possible to identify those trade marks which are strictly identical to the proposed name in the class(es) of goods and/or services for which the trade mark is intended to be used.
With respect to Italy, identity searches are usually performed among Italian trade mark applications and registrations, Franco-Italian registrations, International registrations (Madrid Agreement and Protocol), trade mark applications and registrations of the Republic of San Marino and European Union trade mark applications and registrations.
Novelty searches
This kind of search is aimed at finding trade marks which are graphically and/or phonetically identical or similar to the proposed name, in the class(es) of goods and/or services for which the trade mark is intended to be used.
In this case too, regarding Italy, the search field generally covers the Italian trade mark applications and registrations, Franco-Italian registrations, International registrations (Madrid Agreement and Protocol), trade mark applications and registrations of the Republic of San Marino and European Union trade mark applications and registrations.
Company Name and Domain Name searches
Trade mark searches can be supplemented with further investigations, for instance into the electronic Company Name Registries, the electronic Yellow Pages, or into domain names on the Internet.
Searches for figurative signs
Novelty searches can be conducted also on the graphic part of a sign in the same registers searched for word signs.
