Trademark Law Search
We'll check for you whether identical or similar trademarks already exist—and what risk of conflict that entails.
What does "search" mean in trademark law?
In the context of trademark law, the term “search” primarily refers to a conflict search. This involves checking whether there are already identical or similar trademarks that could conflict with the proposed trademark—for example, due to similar spelling, sound, or meaning, or because of overlaps in goods or services.
Searches are not a formal step “for the sake of the office,” but rather a preliminary risk assessment for the trademark application and subsequent use of the trademark.
When is a character considered similar?
- Typographic style: visual similarities in typography, layout, or structure
- Sound: similar pronunciation or stress
- Meaning: a corresponding or related meaning
- Components: distinctive word elements, prefixes, or suffixes
- Similarity of Goods and Services: Overlaps or Economic Proximity of the Offerings
- Distinctiveness: Strength of the Earlier Trademark
Key Research Questions
Similarity of Characters
How "similar" is "similar"? What counts is the overall impression created by spelling, sound, and meaning.
Goods & Services
For which products or services are there overlaps?
Territory
Germany, the EU, or international target markets?
Other Trademark Rights
Company logos, work titles, names, and domain names must also be taken into account.
Avoiding Risks
Without research
Without thorough research, older trademark rights may go undetected. Conflicts often do not become apparent until after the application has been filed or during the course of business operations—for example, through oppositions, cease-and-desist letters, or demands for injunctions. This can result in significant costs and, in the worst case, necessitate a rebranding.
With research
Preliminary research provides clarity regarding potential risks and enables well-informed decisions. Potential conflicts are identified early on, alternatives can be evaluated in a timely manner, and the scope of protection can be tailored as needed. This increases planning certainty for the registration and use of the trademark.
How do we go about conducting our research?
Define the scope of the research
Depending on the type of character, business model, target markets, and timeline.
Conduct Research
Identity and similarity searches in relevant registries, including with the assistance of expert partners to ensure cost- and time-efficient implementation.
Legal Assessment
Classification of the search results based on similarity of marks and goods, taking into account all relevant legal and factual aspects.
Develop Recommendations for Action
Registration, adjustments, restrictions, or alternatives.
The result is a clear basis for decision-making regarding registration, scope, and next steps. If you’d like to determine whether your brand is strategically positioned, please contact us.
Related to the topic of research
Check Eligibility for Protection
Assessment of whether the trademark is eligible for registration at all
National and International Applications
Germany (DPMA), the EU (EUIPO), and internationally (WIPO)
Here's how we support you
Research & Evaluation
We determine the appropriate scope of the research and conduct it in a structured manner.
Legal Assessment
The results found are evaluated based on similarity of signs, the relationship between goods and services, and their relevance under trademark law.
Recommendation for action
Based on this, you will receive a clear assessment of the risk of a collision and possible next steps.
Risk Management
The goal is to identify conflicts early on and strategically safeguard the registration process.
Download PDF
For anyone who would like to get an idea of what to expect beforehand.
Original Research
Start your initial search in the German Patent and Trademark Office (DPMA) registry.