Registering a trademark is a vital step in building a strong brand. However, before you file an application with the Polish Patent Office (UPRP) or the European Union Intellectual Property Office (EUIPO), it’s essential to conduct a trademark clearance search. Unfortunately, many entrepreneurs make a basic mistake—they only check if an identical mark appears in the UPRP database. That’s not enough! Why? Because the real risk often lies in similar trademarks, not just identical ones. Moreover, it’s crucial to check more than just the UPRP database.
A trademark search is an analysis aimed at assessing whether a specific mark can be safely registered. The search evaluates:
It’s important to emphasize that a trademark search is not only about checking if a mark is registrable, but also whether its use in business could infringe third-party rights.
Even if you don’t plan to register your mark, using it without prior clearance can lead to serious legal consequences. In practice, you might unknowingly use a mark similar to an already registered trademark, which could result in a cease-and-desist letter, a lawsuit, or even a claim for damages.
That’s why a trademark search should be treated not just as part of the registration process, but also as a preventive check on the legality of your marketing and branding activities.
When it comes to trademarks, the authorities (in response to an opposition from an earlier trademark owner) can refuse registration not only if the mark is identical, but also if it is confusingly similar to an earlier mark in the same or related industry. The assessment covers:
Imagine an entrepreneur wants to register the trademark “Toffeina” for energy drinks. A search in the UPRP database shows no identical marks—everything seems safe. However, a professional search reveals that the wordmark “Tofina” was previously registered for the same type of beverages.
Although these marks are not identical, they:
In such a scenario, if the owner of “Tofina” objects, the office may reject the “Toffeina” application. What’s more, if the entrepreneur starts selling “Toffeina” drinks, the owner of “Tofina” could take legal action for trademark infringement.
The EUIPO’s eSearch engine only finds trademarks filed or registered with that office. Yet, in the EU there are trademarks registered with the national IP offices, for example: with the DPMA in Germany or with the PPO in Poland. Moreover, marks protected via international registration (under the Madrid system at WIPO) and recognized in particular EU countries are also protected.
Checking only the EUIPO’s database will not reveal marks registered with the national IP offices nor with the WIPO designating other territories than the whole EU!
Patent Office or EUIPO search engines can find identical marks or those containing specific phrases. But they won’t catch all similar marks, especially if the spelling differs slightly, or if synonyms, neologisms, or phonetic variations are used.
Filing a mark that conflicts with someone else’s can result in:
Using a mark that collides with an earlier one can have severe consequences:
A thorough trademark search takes several hours and often uses commercial search engines that require a subscription. Naturally, a proper trademark search is not free.
However, a trademark search is not an expense, but an investment in your brand’s security. A professional similarity analysis helps you avoid legal pitfalls, brand loss, and unnecessary costs.
Don’t take risks — have your trademark searched by a trademark specialist before investing in logo design, a website, or an advertising campaign.
Contact us to have your trademark professionally searched!