Trademark Search Facility

Trademark Availability Search

We would strongly recommend that before you use a new business or product name as a trademark, that you undertake a basic trademark search using our Free Trademark Search service (for which there is no fee) to see whether the trademark is actually available in the UK or EU.  Please note that our Free Trademark Search service applies to trademark word marks only.  Logo and design searches are conducted using our Premium Search service (for which we do apply a charge for the simple reason that those searches are more complex and take longer to undertake).

Suitability and registrability

If the trademark is available we would then advise that you undertake an additional (and more detailed)  search using our Premium Search service to see whether the mark is suitable for registration or whether it is likely to face opposition. Bear in mind that the trademark examiner will also undertake such a search during the examination process and if he considers that there may be potential earlier conflicting marks already on the register then you will then have the choice of either:

  • continuing with your application as it stands; or
  • restricting the list of goods and services in your application so as to avoid a potential conflict with an earlier mark; or
  • withdrawing your application.  

This is why undertaking a Premium Search service can be so important. If you choose to proceed with an application where the examiner has raised the potential of conflicts with earlier marks then you must be prepared for the fact that the examiner will notify the holders of those earlier marks of this potential conflict and it will be left to the discretion of those notified mark holders (or other third party objectors) as to whether they will oppose your application. If your application is successfully opposed by an objector you will not only lose your application fee but, more seriously, you will face the risk of paying for the successful objector's legal fees.

Using both search facilities can help eliminate the risk of making a wasted application and, more importantly, the risk of marketing a business product or service using either unsuitable or unauthorised trademarks which might otherwise lead to unnecessary litigation or rebranding expenses.

NB - although there is nothing to prevent you from making an application for registration without first undertaking any of these searches, if you choose not to carry out these searches, you run the risk of incurring wasted application and filing fees if the application is rejected or opposed because your mark is deemed to be either the same as, similar to, or easily confused with a registered mark owned by another trader.

Instruct us to carry out a Free Trademark Search

Instruct us to carry out a Premium Search