How to Conduct a Proper Trademark Search

How to Conduct a Proper Trademark Search

Before proceeding with the registration of a trademark, it is crucial to conduct a thorough trademark search to ensure its availability and minimize the risk of potential conflicts with existing trademarks. A comprehensive trademark search helps identify any similar or identical marks already registered or in use, allowing businesses to make informed decisions and avoid potential legal issues down the line. In this article, we will explore the key steps involved in conducting a proper trademark search, the importance of consulting an intellectual property lawyer, and the significance of clearance searches in the trademark registration process.


Step 1: Understand the Scope of the Search To begin the trademark search process, it is essential to have a clear understanding of the goods or services associated with the proposed trademark. This step helps define the scope of the search and ensures that the search is conducted within the relevant industry or field. Identifying the specific classes and categories under which the trademark falls is crucial for accurate results.

Step 2: Online Database Searches Utilizing online trademark databases is a fundamental step in conducting a trademark search. These databases, such as the USPTO’s Trademark Electronic Search System (TESS) or the European Union Intellectual Property Office’s eSearch platform, provide access to registered trademarks and pending applications. By searching these databases using relevant keywords and filters, businesses can identify existing trademarks that may pose conflicts or similarities to their proposed mark.

Step 3: Consider Similarities in Sight, Sound, and Meaning During the trademark search, it is important to consider similarities in sight, sound, and meaning. This involves examining not only exact matches but also similar variations, phonetic equivalents, foreign translations, and even potential misspellings. Evaluating trademarks from various angles ensures a more comprehensive search, reducing the risk of overlooking potential conflicts.

Step 4: Professional Guidance from an IP Lawyer Conducting a proper trademark search can be complex, especially for businesses without legal expertise in intellectual property matters. Consulting an intellectual property lawyer who specializes in trademark law is highly recommended. An IP lawyer can provide valuable guidance, assess search results, and offer a professional analysis of the availability and potential risks associated with the proposed trademark.

Step 5: Clearance Search for Trademark Registration Once the initial search is complete, a clearance search is essential before proceeding with trademark registration. A clearance search involves a more in-depth analysis, reviewing trademarks that may not appear in online databases, such as unregistered trademarks or common law marks. An intellectual property lawyer can conduct this comprehensive clearance search, ensuring a thorough examination of potential conflicts and minimizing the risk of infringement claims in the future.

Step 6: Evaluate Search Results and Make Informed Decisions After completing the trademark search and clearance search, it is crucial to evaluate the results and make informed decisions based on the findings. A careful review of potential conflicts and risks allows businesses to determine the viability and availability of their proposed trademark. It is advisable to consult with an IP lawyer to assess the search results accurately and gain a clear understanding of the legal implications.


In conclusion, conducting a proper trademark search is a crucial step in the trademark registration process. By following the steps outlined above, including utilizing online databases, considering similarities in sight, sound, and meaning, seeking professional guidance from an IP lawyer, and performing a comprehensive clearance search, businesses can ensure a thorough evaluation of potential conflicts and make informed decisions regarding their trademark registration. Remember, a diligent trademark search minimizes the risk of legal issues and provides a strong foundation for building a distinctive and protected brand identity.


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Súčet vkladov všetkých spoločníkov musí byť aspoň 5000 EUR.

Estimated price includes:

This will be the person to whom we will issue invoice by default and also the person who will be the official trademark owner, once the registration is finished.

We will make categorization for you for free.

You can choose more categories for one brand. More categories means more fees. However, most of the brands use only protection in 2 or 3 of these categories. If you need help with the selection, contact us anytime or write your brand products in the next field.

Video, sound, pattern, colour or other type of trademark.

Trademark consisting of figurative and verbal elements.

Trademark consisting of only words or/and symbols.

Trademark protection in the USA.

Trademark protection in all member states of European Union.

Trademark protection in the territory of Slovak republic.

Design is considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design that has been made available to the public before the date of filing of the application for registration. You can contact us for more information.

Your design will be published in the design registry right after formal examination.

Registration may not be possible in this case. Contact us to discuss more options.

The author of the design who will be cited as author in the official registry.

You have written statement from designer that he does not want to be cited as author of the design in official design registry.

Will be displayed in the official registry of designs.

Design protection in all member states of European Union.

Design protection in the territory of Slovak republic.

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