Why Search Before Applying?
Avoid costly conflicts over trademark rights
A trademark search in the EU is important both before filing a trademark application and before planning the name of a new product. The European Union Intellectual Property Office (EUIPO) clearly states that trademark applications can be challenged if identical or confusingly similar marks already exist, and EUIPO examiners do not verify earlier conflicting rights.
Without a prior search, applicants risk building a brand only to discover that it infringes another’s rights, a mistake that can lead to opposition proceedings or expensive lawsuits. Because the EU trademark (EUTM) is a unitary right — one application covers all 27 member states — a conflict in just one country can block the whole application.
Protect yourself
By identifying similar trademarks before filing your own application, you save time and money by avoiding future trademark disputes. It is much smarter to invest in developing a brand without competitors using similar names.
Thus, a search registered marks EU is the first essential step before filing, ensuring that the investment in marketing and product development is protected from potential legal conflicts.
Where to Search for Existing Trademarks
The next question is how to check trademarks in the EU.
The EUIPO has a number of free databases that can help with this. TMview is the most complete, as it includes applications and registrations from all EU national offices, the EUIPO, and many places outside the EU. This tool is especially helpful when you need to know about trademarks in more than one country.
eSearch plus is another important database that has a lot of information about EU trademarks, designs, owners, and representatives. It is still a good idea to check national registries because some rights may only be available at the national level.
For brands with a lot on the line, professional services use their own databases and AI-driven algorithms to look for phonetic and visual similarities that go beyond what public tools can find.
How to Use the EUIPO Trademark Database
Once you know where to look, the practical matter is how to use these resources.
In eSearch plus, a basic search begins by entering a word or number into the search field; the system then searches for trademark names, design elements, or owner names. Results appear in tabs for trademarks, designs, owners, and representatives, and the interface allows you to download pages as PDFs or set alerts for new filings. For more complex queries, the advanced search lets you refine criteria by adding or removing fields – such as filing date, Nice class, or applicant – and apply operators to narrow or expand results. You can also set search‑string rules, specifying whether the system should find exact matches or strings that contain, start with, or end with your input.
TMview provides a different starting point: you enter your proposed name or logo and test variations, including misspellings and translations. Filtering by the relevant Nice classes helps focus on marks covering similar goods or services, and checking whether each result is registered, pending, or expired is crucial because pending applications may later become obstacles.
What to Look for in Search Results
At this step, you go beyond just seeing a similar mark and look at whether it is likely to cause problems with yours.
Start by looking at the visual elements. You can get confused by fonts, colors, or icons that are too similar. Think about how similar the sounds are; two marks may look different when written, but sound the same when spoken.
Conceptual similarity is another layer. Marks that look and sound different can still mean the same thing.
Then check out the goods and services that are listed under the marks. The closer your products are to those that are already covered by a mark, the more likely it is that people will get confused.
Finally, look at the status of older marks. Older registrations are more important, well-known marks usually have more protection, and pending applications can cause problems once they are registered. Because the EUTM system is unitary, a problem in one member state can put the whole application at risk. This is why each result needs to be looked at very carefully.
Tools & Services for Professional Searches
Although the EUIPO’s tools are excellent starting points, they may not be sufficient for complex or high‑value marks. Professional search services use specialized software and AI to analyze phonological, visual, and conceptual similarities across jurisdictions. They examine goods and services lists to identify overlapping classes and produce detailed search reports with risk assessments and recommendations. This expertise is especially valuable when a mark is highly valuable or when the search reveals several “close calls.” Professionals can also represent you in opposition proceedings, help negotiate coexistence agreements or letters of consent, and advise whether to adapt the mark.
For example, Pocket IP solves this problem and saves time, as well as reducing the risk of missing important search results. With our search tool, you can easily and quickly search for trademarks around the world.
Our services provide:
- Search in databases of national and international trademark registration systems, displaying results in a single format using convenient search algorithms.
- Search results in the Pocket IP system will display identical and similar trademarks, as well as trademarks that have an exact translation of their meaning into the national language.
- The search results report can be saved by the user so that they do not have to re-enter the same data for the search.
- Data on specific trademarks can also be used to enable the function of tracking changes in the status of a specific trademark or trademark application.
How to Interpret Similar or Conflicting Marks
Lastly, figuring out what similar or conflicting marks mean is a complicated task. The EUIPO and courts look at how a trademark affects the average consumer as a whole. Even if two marks are slightly different, they may still be considered confusingly similar. When comparing a mark to other marks, it’s important to figure out what the main part of the mark is, whether it’s a word or a picture. The relationship between goods and services is very important. If the goods are very similar or closely related, there is a higher risk of confusion. You should also think about how similar the sounds and ideas are.
Also, the strength of the earlier mark is important: well-known or famous brands get more protection. If a mark that could cause problems appears, you can either negotiate with the owner for a coexistence agreement or a letter of consent, file the application and risk opposition, challenge the validity of the earlier mark, or change your own mark. It’s often necessary to get professional legal advice to look at these options and pick the best one.
Conclusion
Taking a step-by-step approach to an EU trademark application makes sure that nothing important is missed. You can effectively navigate the trademark landscape by knowing why you need to search, where to search, how to use the EUIPO databases, what to look for in search results, when to rely on professionals, and how to interpret possible conflicts. Not careful planning only reduces the risk of costly disputes but also strengthens the protection of your brand across the European Union.
