After carrying out a preliminary registrability assessment preliminary registrability assessment, it is necessary to check whether there are prior third-party trademarks which could hinder the registration of your trademark (relative impediments).
We carry out two types of searches:
- IDENTITY SEARCH: this search is carried out - free of charge prior to filing - among the Italian, European Union and international trademarks as well as in the main countries across the world, in order to verify the existence of third-party trademarks identical to the name of your choice, filed in the product classes including the products/services you are interested in.
IDENTITY search does not extend to all trademarks susceptible to likelihood of confusion excluding similar ones. However, should there be found identical prior trademarks for identical products, the search already gives a definite answer entirely free of charge – i.e., your trademark cannot be filed. From experience, we can estimate that IDENTITY search covers about 70% of possible issues arising from infringement of prior trademark rights.
- SIMILARITY SEARCH: this is a more in-depth search, aimed at verifying the existence of prior third-party trademarks that are even just similar to yours and such as to be able to prevent the registration thereof.
The similarity search allows to also trace trademarks that literally, phonetically or conceptually can be considered susceptible to likelihood of confusion with yours and therefore hinder the registration thereof.
This search is carried out on the name chosen by the client among the trademarks effective in Italy, i.e. among trademarks filed and registered in Italy, among the international trademarks and among the European Union Trademarks.