Trademark Searches
Freedom to operate – before you invest
Before you file a trademark application or start using a new name, logo or sign, you should know whether any earlier rights stand in your way. A trademark search reveals potential conflicts at an early stage, allowing you to avoid oppositions, cease-and-desist letters and the costly rebranding of an established product.
Why a trademark search matters
When examining an application, the trademark office does not check whether similar marks already exist. Proprietors of earlier marks may, however, file an opposition or take court action against the use of your trademark. This can happen years after your trademark was launched – by which time you may already have invested heavily in building it up. A search is therefore the single most important step before filing.
Identical-mark searches and similarity searches
| Type | What is searched | Probative value |
|---|---|---|
| Identical-mark search | Marks identical to the sign in the relevant classes | A first quick check; finds exact matches only |
| Similarity search | Marks that are similar aurally, visually and conceptually | The basis for a reliable risk assessment |
A free search of the public registers will generally return identical hits only. The risk of infringing earlier marks arises, however, with merely similar signs as well.
What we search
- Trademark registers: German trademarks (DPMA), EU trademarks (EUIPO) and internationally registered marks with protection in your target markets, covering the registers of every country relevant to you
- Trade names: company names on the commercial register, which may likewise give rise to earlier rights
- Domains and the internet: use of the sign in the marketplace, which may indicate unregistered rights
- Goods and services: a comparison with the classes in which you require protection
How the search works
- We establish with you the sign, the intended goods and services and the target markets.
- We commission or carry out the search.
- We assess the hits from a legal perspective and classify the level of risk.
- You receive a clear recommendation: file, adapt the sign or choose an alternative.
The limits of a search
No search offers absolute certainty. Unregistered rights and very recent applications are not always captured in full. An expert assessment of the hits nevertheless reduces the risk considerably.
Costs of a trademark search
Costs depend on the type of search, the number of classes and the countries involved. We will provide you with a quotation in advance. For more on the overall costs, see our page on the costs of a trademark application.
Related topics: Registering a Trademark | Figurative Marks and Composite Marks | EU Trademarks | International Registrations
Arrange a consultation
Are you planning a new name, logo, sign or trademark? Please contact us in good time before you begin using it.
FAQs
An initial search for identical marks in the registers is possible. Assessing similar signs, however, requires specialist legal knowledge.
As a rule, a few days to two weeks, depending on the scope.
Yes. The mere use of a sign can infringe earlier rights.
We examine whether a likelihood of confusion genuinely exists and propose adjustments or alternatives.
Our Services
- Legal advice regarding warnings, both for the sender and the recipient
- Enforcement of your trademark in contentious proceedings
- Defense of your trademark rights
- Conducting trademark infringement proceedings
- Representation before all ordinary courts
- Individual advice on your trademark strategy
- Examination of the registrability of your desired trademark
- Drafting a list of goods and services
- Preparation and registration of your trademark
- Trademark monitoring
- Care and management of your trademark
- Deadline monitoring