An availability search is a process that involves examining all previous filings to determine whether identical or similar rights have already been filed before a given date. It is a crucial strategic tool for mitigating legal risks.
- For trademarks, it involves examining trademark registrations and, where applicable, company names in order to detect any risks of conflict or confusion. This search helps to secure the trademark registration, avoid opposition and litigation, and anticipate defence or rights acquisition strategies.
- Designs: Prior art searches in this field involve analysing pre-existing design registrations to check whether a shape, design, or pattern has already been protected. This enables the identification of existing creations, the avoidance of legal conflicts, and the secure registration of new designs.
In practice, prior art searches can be carried out at the national, European, or international level using specialised databases and automated tools.