Conflict research
Conflict research provides an overview of the same, similar, and related names within and outside of the respective relevant classes of goods for the chosen target countries.
CONFLICT RESEARCH.
Do not infringe on older rights.
The naming process results in concrete name suggestions. During the creative and evaluation phase — that is, the analysis of the names according to aspects of trademark rights, language, and Internet and specific domains — as a naming agency, we subject the names to international conflict research and trademark research tests for pure identity or, alternatively, for phonetic identity. At an early stage in the naming process, this helps to avoid overlap with existing brands in the same classes of goods worldwide.
As soon as one or more names stand firm as favorites after the presentation, we recommend deeper conflict research. This evaluation provides an overview of the same, similar, and related names within and outside of the respective relevant classes of goods for the chosen target countries. This intensive legal trademark conflict research provides you with a degree of certainty about your decision of over 75 percent.
Identity screening research
During worldwide identity screening research, the new brand name is compared to existing word marks for identity and phonetic identity with respect to possible conflicts with older rights. This is possible around the globe in over 200 countries/registries. The goal: Beyond the previous research, eliminate name ideas which are could no longer available. Identity screening searches are relatively cost-effective.
Identity research
Identity research involves investigating existing word marks for identity or phonetic identity with comprehensive remarks on the matches; that is, on the owners of the trademarks. Identity research as a form of conflict research is ideal for checking selected brand names in a limited number of countries.
Similarity searches for word marks
Similarity searches for word marks involve phonetic and conceptual similarities in selected countries. During a conflict search and trademark search, phonetic similarities are analyzed, but also spelling and word order. You receive comprehensive information on the hits, the trademark owners, the classes of goods and the descriptions. These word mark searches can be carried out by region or specifically for individual countries.
Similarity searches provide deep insight. Experienced analysts assess possible relevant hits with regard to a possible conflict. The results must also be assessed by a trademark attorney. This time-consuming and expensive investigation always makes sense if the establishment and development of the trademark is to begin before the trademark is registered.
Similarity research for logos (figurative marks)
Once the name is found and possibly registered, the trademark, or brand name, needs to become an image. More precisely, it needs a logo. What is valid for the word (mark) in terms of trademark rights is also valid for the figurative mark. The figurative mark, or the combined word and figurative mark, when it is designed, should be subjected to similarity research in order to avoid conflicts. This is, however, a bit more complicated. The Vienna Classification is to be observed. From graphics and physical representations to abstract representations, the Vienna Classification is ordered into 28 main sections and hundreds of categories, divisions, and sections. Checking existing trademarks for visual similarities in selected countries can be helpful when deciding on a logo.
Conflict research: Does it make sense or not?
All forms of conflict research and trademark research provide a high degree of assurance regarding the decision for a brand name and the registration of the brand (trademark). Are there identical matches or critical matches? Will the mark be contested? When this is not the case, conflict research brings you an advantage in time, as you can start immediately with the work on the logo and on the corporate design of the brand. There is usually not enough time to wait until the registration is processed on the national, European, or international level.
Legal experts at your side
The legal aspects surrounding the registration and enforcement of a brand name are extensive. At the naming agency, we regularly work together with our clients’ legal departments or their trademark attorneys. The interfaces must be clearly defined here. If the client does not have a trademark attorney, we have a partner at our side. The searches are then usually evaluated by lawyers who specialize in international trademark law.
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