Free trademark verification via the Internet
When you finally decided to register a trademark, you need to be careful. It is understandable desire to save, however, as they say: “Free cheese only in a mousetrap.” Free scans on Internet sites offering this service may have undesirable consequences. By making a search through such sites, you disclose the designation that you plan to register as a trademark, and indicate in relation to which goods and services this sign is interesting to you. Since you did not pay anything, no one is obliged to you, including in terms of confidentiality. As a result, there is a serious risk that as long as you are going to apply for a trademark, you will be ahead of you, and an application for a third party will be filed. According to the law, an earlier application is opposed to an application for an identical or similar trademark filed later. As a result, you may find yourself in a situation that you will have to either redeem an earlier application, or, if the evidence base allows, try to prove the bad faith of filing such an application. However, both of these options are much more expensive than simply registering a trademark, and even more so entrust the verification of your mark in the official databases of Rospatent to professionals. In addition, those who make premeditated registrations usually file an application for a similar, rather than an identical sign, thereby neutralizing your evidence of bad faith. Given that an earlier application for a similar mark will be the basis for refusal on your application, it is almost impossible to prove that the holders of the site for which the check was carried out and the person who filed an application for registration of a similar trademark in his name are affiliates.