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Trademark search: Why you should definitely check whether your trademark is available before registering a trademark
Expert article on trademark law
Trademark search: Why you should definitely check whether your trademark is available before registering a trademark
Anyone who wants to register a trademark is often eager to take the next big step. But before registering your logo, name, or slogan with the German Patent and Trademark Office (DPMA), the European Union Trademark Office (EUIPO), or other trademark offices, a thorough trademark search is essential.
As trademark attorneys, we regularly see how missing or inaccurate research leads to cease-and-desist letters, oppositions, and expensive trademark disputes. In this article, you'll learn why trademark research is so important, how it's conducted, and why legal support can be crucial.What is a trademark search?
A trademark search is the systematic examination of whether a desired trademark – i.e. a name, logo or slogan – already exists or could be confused with existing trademarks.
The goal is to avoid conflicts with older trademark rights. Even slight similarities in sound, typeface, or meaning can create a likelihood of confusion—and thus trigger a legal dispute.
Why is a trademark search before registration so important?
Many companies and founders believe that a simple Google search is enough to check whether a trademark is available. This is a dangerous misconception.
One missing trademark research can have serious consequences:
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Warning and cease and desist: If your trademark infringes existing rights, you risk expensive warnings and injunctions.
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Rebranding costs: Changes to names, logos, domains or packaging are costly and time-consuming.
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Opposition to the DPMA, the EUIPO or other trademark offices: If your trademark is registered despite a conflict, opposition proceedings may invalidate your application.
A professional trademark search creates legal certainty and is therefore the first step towards effective trademark protection.
This is how a trademark search works
1. Preliminary examination (own research)
Before you commission a trademark examination by a lawyer, you can do some initial orientation yourself:
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Google search for existing companies, products or websites
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Social media checks (Instagram, LinkedIn, TikTok, etc.)
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Domain check (e.g. via denic.de)
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Commercial register research
This simple research helps to identify obvious conflicts early on.
2. Search official trademark registers
The next step is to check the official trademark registers:
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https://register.dpma.de/DPMAregister/marke/basis – for German trademarks
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https://euipo.europa.eu/eSearch/ – for European trademarks
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https://www3.wipo.int/madrid/monitor/en/ – for international registrations
- https://www.tmdn.org/tmview/#/tmview – for brands in most countries worldwide
Here you will find identical or similar entries. It is important to also consider phonetic and graphic similarities – a point often overlooked by legal laypeople.
3. Professional trademark search by a lawyer
A truly legally compliant trademark search requires experience and legal expertise.
As Law firm for trademark law We check not only identical, but also similar brands in relevant classes of goods and services. We assess whether Likelihood of confusion within the meaning of trademark law exists – the most common cause of conflict.
We also advise whether Word mark, word-image mark or figurative mark offers optimal protection.
Advantages of a legal trademark search
- Legal certainty: Legal assessment by an experienced trademark attorney.
- Comprehensive database query: Access to professional software for trademark searches, including international ones.
- Risk assessment: Assessment of the likelihood of confusion under trademark law.
- Strategic consulting: Development of a long-term brand strategy including registration.
- Avoiding cost traps: Protection against warnings, objections and expensive remedial work.
Conclusion: Be on the safe side with professional brand research
Trademark research isn't a tedious formality, but the most important step before any trademark application. Anyone who skimps on this approach risks, in the worst case, having to completely rebrand their brand.
An experienced trademark lawyer helps you, To avoid collisions early and build your brand legally compliant right from the start – nationally and internationally.
If you have a Register a trademark or if you would like to have your planned designation checked, we would be happy to advise you individually.
Contact us for a non-binding initial assessment of your brand idea.
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