SafeLaunch

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Trade mark clearance is an important step when you launch a new brand. Whether you're a brand owner, or acting on behalf of a client, you need to know the trade mark you want is available for use.

Why Early Trade Mark Clearance Matters

We can help you find out if anyone else is already using the brand name you want – or has registered an identical, or very similar, trade mark.

We'll identify any risks as soon as possible so there's no need to rebrand, redesign or come up with a new name. We can also help you minimise reputational damage and avoid potential legal action, which is a very real possibility you need to protect against.

Our simple, fixed-price clearance search service is called SafeLaunch. It's a proactive way to protect brands right from the very beginning of their journey.

SafeLaunch Service: Four Options

1. Identical UK search

UK-specific initial screening of up to five new marks (provided by you) to narrow the list of possible brands at an early stage.
Screening searches of the UK trade mark register to identify any marks that should be ruled out due to existing trade marks posing a significant risk.
Clear view of which options are realistic and which should be dropped, without incurring the cost of a full search.

2. Full clearance UK search and risk assessment of proposed trade mark

Full UK trade mark register search covering identical trade marks, similar trade marks and phonetic variations.
A check to see whether your name can be registered according to the UK Trade Mark Registry's criteria.
Domain name searches to identify if top-level domain names are already taken and, if so, what options might be available.
UK common law rights advice to avoid other companies 'passing off' their brand as your own. We may still be able to enforce rights under common law even if you haven't yet registered a trade mark.
You can also ask us to check logos and visual elements (additional fee).

3. Brand refresh, including analysis of existing protection

Advice if you're considering a brand refresh or extension to cover a new product launch.
Assessment of existing protection and how you intend to recalibrate your branding.
Advice on whether the proposed new identity needs a new trade mark, as well as how best to tweak any existing branding.

4. Overseas trade mark clearance

Clearance searches in the relevant territories if you plan to use the brand outside the UK.
Trusted network of global attorneys who are specialists on clearance and protection issues in their countries.
Brand clearance searches can be run at any time – either as part of your UK brand launch checklist or at a later date.

Why Do You Need a Clearance Search?

With a trade mark clearance search you know your brand is clear from risk, including possible legal threats and third-party challenges.

A thorough clearance search will also help avoid potential pitfalls, including:

Discovering too late that the brand can't be registered, protected or enforced.
Finding out after launch that you've infringed an existing brand and must now rebrand or pay compensation.

Make sure your new brand enjoys a safe and smooth start by including a clearance search in your brand strategy.

FAQs About Trade Marks and Brand Clearance

Can agencies or marketing teams use SafeLaunch?

Yes, we work with branding, marketing, advertising and design agencies as well as directly with brand owners. We encourage agencies and marketing teams to use SafeLaunch to proactively protect their clients’ trade marks and identify and mitigate risks.

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Can agencies or marketing teams use SafeLaunch?

What happens if I launch a brand name that someone else owns?

The owner of the brand name could start legal action based on trade mark infringement. This could be costly, both in terms of time and resource as well as reputation. Without a brand strategy that includes clearance, the first you may know of an infringement is a ‘cease and desist’ letter.

What’s the risk of launching without brand name clearance?

If you launch a business without brand name clearance, there is a risk of costly litigation and reputational damage. Sadly, there are also opportunists who register trade marks in other territories before the business owners get around to it, leaving you vulnerable.

When’s the right time to run trade mark and brand clearance?

Ideally you should clear your brand before launch when you haven’t invested too heavily. This gives you time to request any consents needed and make tweaks to your branding or logos, if required.

If you didn’t get clearance early on, it might not be too late. We can advise you on any negotiations needed with an existing brand owner and give you an idea of how much it might cost to register a trade mark.