Why is it so important to conduct a trade mark search prior to filing an application?
What kind of search do I need?
Trade mark registered successfully? Don’t forget to defend it!
There are many different forms of trade mark
The most common forms in which trade marks are registered are words (word marks) or images (figurative marks) – as well as combinations of these (word/figurative marks). Alongside these are special trade mark forms such as three-dimensional marks and colour marks.
Trade mark search for company/product names or logos
By using the right trade mark strategy and branding, you can achieve a unique position and distinguish yourself from your competitors. Protect this trade mark by registering it with the German Patent and Trade Mark Office.
We strongly recommended that you carry out a search before applying for protection because the probability of registering the same or a similar trade mark is very high and that can have consequences.
Possible consequences of proceeding without prior search:
- filing of an opposition by a third party on the grounds of trade mark infringement
- resulting cancellation of the trade mark and claim for compensation – no reimbursement of registration costs
- cease and desist order or action brought before civil court.
Using our search services you can find out whether your word mark and/or figurative mark has already been registered.
When an application is made, the German Patent and Trade Mark Office does not check whether a similar or identical trade mark already exists. Failure to carry out a thorough search in advance may result in high costs incurred during opposition proceedings.
What kind of search do I need?
In which countries should I conduct research? Germany (DE), European Union Trademark (EUTM or UM), international registrations (IR), nationally, or in all 27 EU countries?
Successfully registered your trademark? Then don’t forget to monitor it!
After registering your trademark, you should regularly research new trademark registrations to prevent others from copying and misusing your brand.
The Patent and Trademark Center supports you with trademark monitoring and provides advice on key topics in trademark strategy, as this is the foundation of every successful business.