Specialists of Mikhailyuk, Sorokolat and Partners highly recommend conducting trademark search before filing a trademark application to be sure that there are no similar trademarks previously applied for or registered in the country of interest.
Trademark examination is conducted according to legislative acts of the corresponding jurisdiction. Designations which are identical or confusingly similar to the filed trademark applications or registered trademarks in the country of interest cannot be registered in respect of similar goods and services. Furthermore, it is not possible to register signs which are similar to the trademarks recognized as well-known by the Law of the corresponding jurisdiction or international treaty to which the country of interest is a member.
Kindly note that there are different requirements for determining trademark similarity, which depend on classes of the ICGS (International Classification of Goods and Services) the trademark is related to. For example, it is used more rigorous approach in relation to consumer goods than to goods for industrial and technical purposes.
Our company provides search of identical and similar trademarks in the CIS countries using the following databases:
- Database of trademarks registered in the country of interest;
- Database of applications filed for registration in the country of interest;
- Database of international trademarks valid in the country of interest.
Trademark search involves sound (phonetic), graphic (visual) and semantic comparison of marks with filed applications and/or registered trademarks. Each of the said criteria of comparison has its own assessed degree of similarity which determines whether the designation can cause confusion with other filed or registered trademarks.
Specialists of our company conduct trademark search in terms of the perception of the mark by the consumer. For example, according to the methodological basis of trademark search for identity, similarity and homogeneity, it is necessary to consider not only the presence of trademark similarity, but also the possibility of consumer's misleading.
Search results provided by our company will be presented in the report which contains the information in respect of applications and registered trademarks in the country of interest that are similar or identical to your designation. We will also provide as much information as possible and include any relevant issues and/or tips in the report as well as recommendations for conducting of a smooth trademark registration procedure.
Mikhailyuk, Sorokolat and Partners will be pleased to provide you with a full range of services of trademark registration and IP protection in the CIS countries.