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Trademark search: The decisive step towards trademark protection
The trademark search is the most important step to ensure that your trademark can be legally registered and does not infringe any existing third-party rights. Before you register a trademark, you should thoroughly check whether there are identical or similar trademarks that could lead to legal problems. Mistakes at this stage can lead to costly warnings, oppositions and legal proceedings. In our practice, we often find that clients have initially registered trade marks themselves, but only later find out that competitors have had their trade marks deleted.
Why is a professional trademark search so important?
A successful trademark application always starts with a comprehensive trademark search. Without this, you run the risk that your trademark is already protected, which can lead to considerable legal problems. The main risks are:
– Warning letters: An owner of an earlier trademark can send you a warning letter for a fee.
– Oppositions: Within three months of filing an application, an owner of an earlier trademark can file an opposition.
– Legal action: Complex and expensive legal proceedings can follow in the event of a trademark infringement.
You can minimize these risks and ensure that your trademark is unique by conducting a thorough trademark search. This protects you from legal problems and ensures the long-term success of your trademark.
The difference between identical and similar trademarks
A distinction is made in trademark searches between identical and similar trademarks. Identical trademarks are relatively easy to recognize and pose an obvious problem. Trademark similarity is more difficult. Here, various factors such as the sound, the typeface or the meaning of the trademark are assessed. This assessment requires legal expertise and experience, as it often depends on small but decisive differences. There is countless legal literature and vast amounts of court rulings on this topic alone that must be taken into account.
It is important to understand that a trademark can lead to confusion even if it is only similar but not identical. This makes similarity searches particularly challenging and often requires the support of an expert in trademark law.
The limits of free search services
Many online portals offer free options for trademark searches. However, these tools are often inadequate as they usually only list identical trademarks. The complex assessment of trademark similarity, on the other hand, requires in-depth analysis and legal expertise. Although free databases, such as those of the German Patent and Trade Mark Office (DPMA), can provide an initial overview, a complete and legally sound search is rarely possible.
If you rely solely on free searches, you run the risk of overlooking important aspects. Commercial research services or a specialized lawyer can provide valuable support here.
How does the trademark search work?
- DPMA databases: The DPMAregister database enables you to search for national German trade marks free of charge. It contains information on trade marks applied for, registered and refused. However, it is important to note that this database does not offer a similarity search.
- Extended searches at the EUIPO and WIPO: For international trade marks or EU trade marks, you can carry out additional searches at the World Intellectual Property Organization (WIPO) and the European Union Intellectual Property Office (EUIPO). These tools help you to avoid internationally relevant conflicts.
3. Searches outside the registers: In addition to the official trade mark registers, you should also search for similar signs in commercial registers, internet databases and other sources, as unregistered trade marks can also lead to problems.
The challenge of brand similarity
Brand similarity is the area where it becomes particularly difficult. Various factors can lead to a likelihood of confusion, e.g.:
– Sound similarity: How does the brand name sound compared to existing brands?
– Typeface: Do the brands look similar? Are only individual letters different or do syllables represent a difference; how is this to be assessed?
– Meaning: Do the trade marks have similar associations or meanings? Does a possible pun already make the decisive difference?
A comprehensive trademark search must take all of these aspects into account in order to avoid potential conflicts. And this is only ever possible in specific individual cases; every single possible >collision must be examined. Especially when assessing similarity, it is advisable to seek legal advice from a trademark law expert.
Why you should consult a specialized lawyer
Assessing whether a trademark constitutes a likelihood of confusion is often a legal question. A specialist trademark lawyer can help you make the right decision. They will analyze the results of the trademark search, help you to identify possible risks and support you in registering your trademark.
An experienced lawyer can also ensure the enforceability of your trademark and help you monitor new trademark applications. This will ensure that your trademark is protected in the long term and that you don’t get any nasty surprises.
Conclusion: How to proceed with a trademark search
- Basic search in databases: Start by searching for identical and similar trademarks in the DPMA register and in the international databases of WIPO and EUIPO.
- Evaluation of similarity: Check potential similarities in terms of sound, meaning and typeface.
- Legal support: If you are unsure, consult a specialized lawyer to minimize legal risks and ensure the enforceability of your trademark.
Secure your brand now!
Professional trademark research is the cornerstone for the long-term success of your brand. Protect your investment and avoid legal risks by relying on our expertise in trademark law. Contact us now for comprehensive advice on trademark searches and trademark registration!
