Should I perform a background search?

The search among existing trademarks checks the possible presence of trademarks that could potentially be confused from all points of view in a specific fileld.

Before registering a trademark, or more generally using a name for commercial purposes, it is very important to carry out a search among existing trademarks to verify that the trademark you have chosen is not already the subject of protection.

Duly registered intellectual property attorneys know the legislation in depth, they have access to the worldwide paid databases and also investigate similarities with other trademarks from all points of view (visual, phonetic, conceptual…).

The Italian Patent and Trademark Office (UIBM) does not carry out any searches among existing trademarks on receipt of a new trademark application.

Failure to analyse earlier trademarks could also lead to a claim for damages from the owners of earlier trademarks or, for example, to obtain a weaker trademark.