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Simple English definitions for legal terms
preliminary availability search
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A quick definition of preliminary availability search:
A preliminary availability search is a quick search of registered trademarks and common uses of a proposed name or phrase. It is done to narrow down the list of potential names before conducting a more thorough search. In criminal cases, a preliminary hearing is a hearing conducted by a magistrate to determine if there is enough evidence to prosecute an accused person. If there is enough evidence, the case will proceed to trial or be reviewed by a grand jury.
A more thorough explanation:
A preliminary availability search is a moderate search of registered trademarks and common-law uses of proposed trademark names or phrases. It is done to narrow the list of names or phrases before conducting a thorough search.
- A company wants to name their new product "Swift". Before conducting a thorough search, they do a preliminary availability search to see if there are any registered trademarks or common-law uses of the name "Swift" in the same industry.
- A musician wants to name their new album "Echoes". They do a preliminary availability search to see if there are any registered trademarks or common-law uses of the name "Echoes" in the music industry.
These examples illustrate how a preliminary availability search is done to narrow down potential names or phrases before conducting a more thorough search.