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Trademark Search (mark for goods and services) is a procedure for identifying previously declared and/or registered trademarks that are to some extent identical or similar to the trademark being checked: in its verbal part, pictorial part, or as a whole.

On the market, the cost of a search is $100 on average. The price may be affected by the country where you plan to register the TM and the number of products declared for search.

The same way a trademark is registered in each individual country, the search is conducted in the same way. A TM analysis conducted in one country will have no value in another.

A fairly common question is: “Why, in principle, conduct such a preliminary search for TM?”

Firstly, it is important to point out that trademark owners have exclusive rights to use their designations, in simple terms – they have a complete monopoly on an already registered TM. And accordingly, other persons cannot register or use an identical or confusingly similar trademark, since the Patent Offices will simply refuse registration, due to similarity with previously registered and filed for registration designations, for the same goods and/or services for which you will try to register your mark .

It is worth agreeing that without a preliminary search, such a on page seo service haphazard filing can cost a pretty penny! After all, state fees (which are often quite large), unfortunately, are not returned by any Patent Office.

That is why a preliminary search for a trademark will give you the opportunity to see all similar or identical designations and assess the chances of successful registration. We have described the process of registering a Trademark in more detail in the article “Registration of a Trademark in the USA”



Secondly, during the search, the degree of similarity of your trademark with similar trademarks found in the results is always determined. The degree of similarity of word trademarks can be:

the trademarks are identical, i.e. there is complete similarity;
Trademarks may be similar to the point of confusion and may mislead the consumer regarding goods and/or services that are sold under similar TMs, but by different persons;
Trademarks may be only partially similar, so in such cases it is necessary to choose the right strategy for successful registration.

An example of how the report displays identified similar TMs

There is a common misconception that the difference between trademarks by some insignificant feature (for example, a difference of one or two letters for verbal TM; or the presence of an additional line for graphic ones) makes them fundamentally different. But, unfortunately, this is not true at all. After all, for example, according to the Civil Code of Ukraine, the main purpose of a trademark is to distinguish the goods/services of one manufacturer from the goods/services of another manufacturer.

It is worth noting that already at the stage of preliminary search, when determining the homogeneity of goods and services, the fundamental probability of the consumer having the feeling that they belong to one person who produces the goods or provides services is taken into account.

It is recommended to conduct the search at the following stages:

Before launching a business/product line/production
Before entering new markets
Before filing for TM registration
Important! The search report has its own “expiration date”. The data you received today will no longer be relevant in 3-4 months. This is due to the number of applications submitted for registration of intellectual property.
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