Free Trademark Search
This article explains what a trademark search is and why it‘s so important.
Before you can file for a trademark application, you have to run a trademark search. Actually, the trademark search can turn out to be the most complex part of the entire project. Why is that?
To explain things better, allow me to outline briefly what a registrar does and what he does not. The registrar will only check for absolute grounds that prevent your trademark from being registered. Simply put, he will check whether your trademark is distinct, so consumers can identify it, and whether it is not deceptive, descriptive or offensive. He does not run a trademark search to check whether somebody else is already using it.
Consequently, if the registrar approves your application, he does not automatically register your trademark. Instead, he now publishes your application. That gives all existing trademark owners time to check whether your application means any conflict with their rights. Depending on the countries you selected, this so-called opposition period can take from three months to a year. That’s a lot of time for people to report a conflict.
You want this opposition period to turn into nothing but a waiting time for you. You do not want a single objection to be filed. Therefore, you have to run some diligent trademark searches in the first place. To put it simple: the more time and effort you invest into the search, the more relaxed you will pass the opposition period.
However, putting time and effort into something that is totally new for you might not be the most productive thing. If this is your first trademark search, you will not know about all the pitfalls to watch out for. Luckily, we at trademarkprotector.com are here to help with various trademark searches. The most important trademark search even comes totally free and with no strings attached.
In the following, you can find out:
- What you should consider when running a trademark search
- Why an apparently available name might actually not be available
- Why an apparently taken name might actually still be available
- What a registrar wants a name to be and not to be
- What the best moment is to research and protect your trademark
1. What you should consider when running a trademark search
When running a search you want to find out if your desired trademark is already in use by somebody else. If you want to run a proper trademark search, you have to consider that trademark protection is not limited to the exact spelling of a name.
Trademarks are a key element of intellectual property and come with the highest level of protection. That protection covers similarities or the registered mark. Therefore, when running a trademark search, you should also consider modifications of the spelling and phonetic similarities. Sounds complicated? I must admit: it is. Luckily, you are just one click away from our Free Trademark Search which will take all this hassle off your shoulders and put it into the hands of our experts.
2. Why an apparently available name might actually not be available
Did you know that a whopping 75% of all trademark enquiries turn out to be either too general or too similar to an existing registered trademark? That’s a lot of disappointed entrepreneurs.
We don’t like to see disappointed entrepreneurs. That’s why we have put together this page.
To find out whether a trademark is available or not, most people run a search on the website of their local trademark registrar. They type in the desired name and see if somethings turns up. That is a good start, but there is so much more to watch out for.
For instance, if a name that you searched for, does not show up with any existing registration, this can be because the name does not qualify for registration. Our Free Search Report will reveal such immediate obstacles and save you time, money and hassle.
Our experts will also check for conflicts with other registrars. When researching a trademark availability in the UK, we also include the search of the European database and the Irish database in our Free Search Report.
As part of our paid In-Depth-Search we will also check for similarities, be they a similar spelling, a similar meaning or a similar phonetic.
3. Why an apparently taken name might actually still be available & what is a class in a trademark search.
Trademarks are registered in distinct classes. Similar products or services are grouped into 45 different classes. That means, if somebody holds the trademark for “Superdooper” in clothes, others might still be able to register it for electronics, car supplies or food.
The same goes for countries. Whilst somebody holds a trademark registration in the USA, others might still be able to register the same trademark in the same class in some European countries, China or Australia.
So, if a trademark search by class shows existing registrations it is worth taking a closer look to find out whether those registrations are in conflict with your project or if they can co-exist.
4. What a registrar wants a name to be and not to be
As outlined above, the registrar does not run any searches himself. He only reviews your application to see if there are absolute grounds that would prevent your trademark from being registered. In order to pass an application:
- your trademark has to be distinctive;
- your trademark must not be deceptive;
- your trademark must not be descriptive; and
- your trademark must not be offensive.
Our Free Trademark Search Report will analyse these absolute grounds. You can order it right here.
5. What is the best moment to do a trademark search and protect your trademark
Finally a question, that is easy to answer. Right now! The earlier you start planning your trademark search, the better.
Many business models are based certain names and designations that are very recognizable in some sectors. Sometimes, it is essential for your business to have a specific domain name and you don’t want someone to buy a similar name and copy your concept. So it can be crucial for your business success to protect your brand name as soon as possible. Therefore, the right time for a trademark search is when you deside to start a business so you can remove this issue from your To-Do List.
We totally get that you are busy now, focussing on your product. You don’t want to waste your precious time on tedious administrative tasks. Yet postponing your trademark registration would be the wrong thing to do. Be clever and let us take on the task instead. We will keep all the boring bureaucracy away from you and – best of all – run the initial searches at absolutely no cost.
Contact us now to find out if your trademark is eligible for registration.
How much does a trademark search cost?
Our trademark search and advice is completely free of charge and has no strings attached. So, don’t be shy – give us a try! All you need to do is fill in the form below with your details, and we will get back to you as soon as we can. We can’t wait to hear from you!