Before using a new trade mark, it is strongly recommended that a trade mark search be conducted to ascertain whether that trade mark is available for use or registration in relation to the goods or services of interest. Unauthorised use of a trade mark which is deceptively similar to a registered trade mark may amount to infringement and render the user liable to a claim for substantial damages or an account of profits.
If the selected trade mark is registrable, and available for use, an application to register the trade mark should be filed as soon as possible. While the application is pending, it will serve as notification to others of proprietary rights in that trade mark and may deter others from adopting a similar trade mark.

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