Clearance Searching
20 September 2006
Tomkins & Co.
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In order to protect the investment a firm makes in its brand, it is important to ensure that the name or logo it has selected is free to use and register as a trademark. If another party has already registered or applied to register an identical or similar mark, this might prevent successful registration of the firm's interests and more seriously, may leave them liable for trademark infringement. In addition, there may be established marketing devices in use in the marketplace that have not been registered, but which nonetheless may enjoy some legal protection under the law of passing off. Such devices may also prevent a firm from freely using their chosen brand name or logo.

By carrying out a clearance search before our clients invest in marketing a brand, we can give the green light to proceed, safe in the knowledge that registration difficulties or infringement issues due to conflicting devices are unlikely to occur.
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