Trademark search

1. Why conducting a search before applying to register a trademark?

Trademark registration gives you a monopoly on a name, for a specific list of goods and services.
A search is not required prior to applying for a trademark. But a search can be particularly useful in determining if your trademark is still available. When you first imagine what trademark you would like to use in the market for your goods or services, you should check it as soon as possible to see if anyone else is using it, and/or has registered it. There's no interest wasting your time with the lengthy registration procedure if someone else has already registered it.

2. Risks not to conduct searches

There are three sorts of risks if you do not perform a thorough trademark search.
* if you file an application and it is rejected because there is an existing trademark that is identical or substantially similar, the Office will keep your application fees (in countries where Offices can ex officio reject your trademark, for example the USPTO .
* third parties owning earlier trademark rights may also file an opposition against your trademark application. If the Office considers that the opposition is justified, i.e. if a likelihood of confusion between the two trademarks is found, your (younger) trademark will b be rejected, and you may have to borne (a part of) the costs of the earlier rights' owner.
* if you infringe someone else's trademark, you could suffer legal consequences: you will have to stop using your trademark and pay whatever it costs to change to a new trademark. You may also be sued for damages for trademark infringement if your use of the trademark actually harmed the original owner's business.

3. Where conducting searches

You can conduct online searches in most of the trademark offices' websites.
For example:
* USA :
* Canada :
* European Union :
* Benelux :
* Germany :
You have however to consult each website and to conduct a search in each of these registers.
Some sites, as for example Eurimark have therefore automated the search stage of the procedure to enable you to detect identical trademarks protected for identical products/services. This search provides you with information regarding registered marks and applications that are currently pending. Should you have been using your trademark for decades and should this trademark be known by your business relations, it is still advisable to try to protect your trademark even if prior identical trademark rights exist. You can either take your chance or contact us to try to build a strategy for trying to limit your risks.

4. What is a Comprehensive (similarity) Trademark Search?

Conducting an additional similarity trademark search may also be recommended. This type of trademark searches provide you with information on a trademark's availability by providing information regarding already existing trademarks, and the status of those trademarks. Depending on where you want to use your mark, you may consider a number of our search options. As these searches can normally not be automated, please contact an Intellectual Property specialist, such as trademark lawyers or attorneys, to obtain additional information.

5. Trademark Search and definitive statement of availability?

Trademark searches can provide you with extensive information regarding other marks that may be registered, and the status of those marks (i.e., registered, pending or abandoned). They however do not provide answers as to whether your trademark will be registrable. At least two factors can explain a rejection, even if you conducted the required search(es).
* the Trademark Office will examine your trademark to determine whether your mark meets the legal requirements to become a registered trademark, such as having a distinctive character or being capable of graphic representation.
* trademark searches do not disclose all trademarks, even if you conducted a similarity search; it is always possible that third parties consider that your trademark application harm their rights, even if their trademark rights have not been disclosed by the search. Finally, it is also possible that owners of identical or similar trademarks may not see your trademark or may decide not to intervene against your trademark application, even if your application theoretically constitutes breaches on their rights. A trademark search will therefore constitute an assessment of the risks linked to your trademark application, but will not constitute a guarantee of registrability or of rejection.

6. How can I determine if a prior trademark may constitute an obstacle?

The main test for determining the similarity between two trademarks is to see if your proposed trademark is likely to cause confusion among consumers so that they might mistake the two suppliers of products or services for each other. For example, it would be confusing to have a software company called "Micrasoft" because there is already a software company called "Microsoft."

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