Before filing your trademark application, it's smart to know what marks are already out there. A pre-filing trademark search acts as your early warning system.
Who checks for conflicts?
Here's what catches applicants often off-guard: Most trademark offices don't check for existing conflicts – they assume you did your homework. If conflicts exist, they typically surface after you´ve started using your brand publicly, not neccessarily at the time you apply for registration.
You're not legally required to conduct a search, and some choose to file without one, accepting the calculated risk. That's a perfectly valid business decision when you understand the trade-offs.
What's my risk if I don't search?
The risks range from formal objections and legal headaches to infringement claims and, in worst cases, having to rebrand entirely - think new logo, new website, new business cards, and explaining to confused customers why everything changed.
What do the search results tell me, and why does timing matter?
When the search reveals no matches, it is a great feeling. A confirmation of your brand's natural strenght. But here's the thing: finding potentially conflicting marks isn't bad news either, it's valuable intelligence.
It means you can adjust your brand strategy now, while you're still flexible and creative, rather than after you're committed, visible in the market, and attached to a name that might not be yours to keep.
Why are there different kinds of searches in the market?
When it comes to professional trademark searches, the market is full of confusing terminology: "knock-out search," "identical-only search," "preliminary screening," "clearance search", and more.
The root of this variety is that trademark law technically distinguishes between identical and confusingly similar marks.
But here's another important reality from an entrepreneurial perspective: When it comes to consequences, trademark law doesn't distinguish between outright copying and 'creative borrowing'.
Whether someone steals your exact name or tries to piggyback on your brand's visual DNA – both are unfair rides on your hard-built success, and trademark law treats them accordingly. "But I changed a letter and I use red, not pink" are no excuses. No partial credit for partial creativity.
Since it´s the 'similar but not identical' marks that create the most real-world conflicts, and because we refuse to contribute to the market's array of options, we've simplified the choice. We focus on one type of search, the one that offers the most comprehensive protection.
What we deliver: A professional search covering both identical and confusingly similar marks. We focus on what you actually need to feel confident - the intelligence that reveals real risks to your trademark registration and future brand protection.