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Trademark research: Why you shouldn't skip the first step

Expert article on trademark law

Trademark research: Why you shouldn't skip the first step

Without a thorough trademark search, you risk conflicting with older trademark rights. This can have serious consequences, such as cease-and-desist letters, claims for damages, product recalls, or even expensive rebranding.

A typical example: A startup registers the name "Schokoloko" as a trademark for chocolate without first checking whether a similar trademark already exists. The result: a costly cease-and-desist letter from a company that already owns the "Schokologo" trademark.

It is therefore always advisable to conduct a thorough similarity search before using and registering a trademark in order to identify potential conflicts with existing trademark rights at an early stage. It may be nearly impossible to find a completely risk-free trademark, but through careful research, you can identify "no-gos" and respond to them in a timely manner. In many cases, a Trademark registration Design your brand strategy so that the risk of a subsequent attack remains acceptable despite existing legal uncertainties. Thorough research allows you to assess potential risks and adjust your brand strategy accordingly.

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