Prior to submitting a trademark registration application, it is highly advisable to conduct a preliminary feasibility report for the territory of interest. This report is aimed at assessing the registration possibilities for the requested trademark with regard, on the one hand, to the absolute requirements set out by applicable law, and on the other hand, to the possible existence of earlier similar trademarks which could be an obstacle to the registration.
Aside from the aforementioned constraints, in the case of international applications it is important to take into account the linguistic and phonetic complexities of each language within the territory where trademark protection is sought, as well as the wide variety of legal regimes that need to be considered if the client wishes to protect it in several countries.
All of this serves the purpose of minimising the risk of trademark refusal, as well as of infringing other third-party rights when a trademark is granted.
In short, this report provides an assessment of the potential risks and the legal strength of a trademark project at a time when there is still room for manoeuvre and for appropriate decisions to be taken. This enables the necessary changes to be made in order to provide security to the registration procedure and to the subsequent use of the trademark.