Trademark Search: Why It’s Essential Before Filing an Application

When considering brand protection, one of the first and most important steps is conducting a trademark search. Many business owners are tempted to skip this stage to save time or cost, but doing so often leads to wasted resources, legal disputes, and even the forced rebranding of an entire business. In this article, we explain what a trademark search is, why it matters, and how to do it properly.

What Is a Trademark Search?

A trademark search is a process of checking whether your proposed trademark – be it a word, logo, or slogan – is already registered or used by someone else for similar goods or services.

magnifying glass on white table

This includes:

  • Identical search – checking for exact matches in official trademark registers.

  • Similarity search – looking for marks that are not identical but still similar enough to create a likelihood of confusion.

  • Unregistered rights – investigating whether others are using a similar mark without registration but with local recognition.

The goal is to assess whether your application is likely to be accepted or challenged.

Why Is a Trademark Search Important?

  1. Avoiding conflicts – Filing a trademark without checking can result in opposition or invalidation proceedings if another owner claims prior rights.

  2. Saving money – A failed application means lost filing fees, potential legal costs, and possibly rebranding expenses.

  3. Business security – Knowing your mark is available gives you confidence to invest in marketing and brand growth.

  4. Strategic planning – A proper search can reveal risks in multiple countries, helping you decide where to file and when.

In short, skipping the search may cost far more than doing it properly from the start.

How to Conduct a Trademark Search

There are several ways to carry out a trademark search:

  1. Free online databases

    • EUIPO (European Union Intellectual Property Office) for EU trademarks

    • UKIPO (UK Intellectual Property Office) for UK marks

    • WIPO Global Brand Database for international results
      These are good starting points but may not reveal all conflicts.

  2. Professional searches
    Attorneys and trademark professionals use advanced tools that detect not only identical marks but also phonetic and visual similarities. 

  3. Commercial search providers
    Specialized databases can provide broader coverage, especially if you plan to expand your brand internationally.

When Should You Do a Trademark Search?

Ideally, you should perform a trademark search before:

  • Investing in branding and design

  • Launching a new product or service

  • Registering a domain name or social media handle

  • Filing a trademark application

Catching issues early means you can adapt your branding before it becomes expensive or legally problematic.

Can I Skip the Search and File Directly?

Technically, yes – most trademark offices do not always require a search before filing. However, this is a risky shortcut. For example, in the EU and UK, your application may be accepted initially, but third parties can oppose it within the opposition period. If your mark conflicts with theirs, you could lose everything invested in the process.

A trademark search dramatically reduces the risk of opposition and increases your chances of smooth registration.

Final Thoughts

A trademark search is not just a formality – it is the foundation of brand protection. Whether you are a startup choosing your first brand name or an established business expanding into new markets, the search helps you make informed decisions and avoid costly mistakes.

At MyTrademarkPartner, we show clients how to do comprehensive searches in the EU, UK, and internationally, ensuring your application has the highest chance of success.