Another challenge when registering a trademark is ensuring that nobody else has already registered your brand or logo. A conflict search with existing brands and logos involves checking whether a trademark with the same or similar wording or imagery has already been registered in individual countries or at EU level. If your application concerns a brand or logo identical or similar to an earlier one, it will be refused and the registration fees will not be refunded.
Why a Trademark Search Should Come First
Before you invest in a new brand name, logo or packaging, it makes sense to check whether someone else already holds rights to something similar. A trademark search is a relatively small step at the start of a project, but it can prevent refused applications, rebranding costs and disputes later on.
Identical and Similar Marks
Searching only for exact matches is not enough. An application can be opposed or refused because of an earlier mark that is merely similar, for example one that sounds alike, looks alike or conveys the same idea, particularly when it covers related goods or services. A thorough search therefore considers variations in spelling, phonetic similarity, translations and the visual elements of logos.
Choosing the Right Territory
Trademark rights are territorial, so the scope of your search should reflect where you plan to trade. Depending on your plans, a search may cover:
- A single national register, such as the UK or Slovakia
- The European Union trademark register
- International registrations designating the countries you are interested in
- Other key markets, such as the United States
Reading the Results
A list of search results needs careful interpretation. Not every similar mark is a real obstacle, because the goods and services covered, the distinctiveness of the marks and the way they are used all play a role. Equally, an earlier mark that seems unrelated at first glance may still create a risk. Professional assessment helps you understand which results matter and what your options are, such as adjusting the name, limiting the list of goods and services or approaching the owner of an earlier mark.
A Search Is Also Useful Later
Searches are not only for new brands. They can help when you are expanding into new countries, adding new product lines or checking whether a competitor’s mark may conflict with yours.
If you are planning to register a trademark, contact eTuls. We can carry out a search, explain the results in plain terms and help you decide on the safest route to registration.
Frequently Asked Questions About Trademarks
A sign that may constitute a trademark is any sign capable of being represented graphically, consisting in particular of words (including personal names), letters, numerals, drawings, the shape of goods or their packaging, or combinations [...]
Domain Disputes and Domain Protection
There is currently no specific legislation governing domain names, and case law applying particular provisions of various statutes in this area is also scarce. One of the most problematic issues is the clash of a [...]
How to Defend Yourself If Your Trademark Is Infringed
This type of industrial property right is protected by registration in the trademark register kept by the Industrial Property Office. Without the trademark owner's consent, no one may use in the course of trade: a [...]
Trademarks – Frequently Asked Questions
How long does the trademark registration procedure take? From filing the trademark application to its entry in the register kept by the Industrial Property Office of the Slovak Republic, the procedure takes approximately 11 to [...]
What to Do with a Trademark and the Rights It Confers
The owner of a trademark has the exclusive right to use the trademark in connection with the goods or services for which it is registered, and is entitled to use the trademark together with the [...]
The Trademark Registration Process
Problems you may encounter when registering a trademark Take a look around you and try counting how many different well-known and lesser-known brands you can see. In the vast majority of cases, these are [...]
Benefits of a Trademark
Intellectual property Have you packed a favourite book for your travels? Do you enjoy going for a run with your favourite track playing from your smartphone through your headphones? Do you wear a watch, [...]
Definition of a Trademark
The principal purpose of a trademark is to identify a particular manufacturer's product and distinguish it from identical or similar competing products. It removes anonymity and helps shape the image and reputation of [...]
Trademark Wording
The wording of a trademark must not consist of indications of the type, quality, quantity, intended purpose, price, geographical origin or time of production of goods or provision of services. If our main brand is [...]
Word and Figurative Trademarks
A business may identify its products and services with a word alone or with a logo as well. The name and the graphic logo can be registered separately as two distinct trademarks. A trademark [...]
Duration of a Trademark
A trademark remains in force for 10 years from the date on which the application for registration was filed. Trademark protection can be renewed an unlimited number of times. [...]
Trademark Classes
Trademark registration is limited not only by the number of countries in which the mark will be valid, but also by the kinds and types of goods and services it will cover. Goods and [...]
US Trademark
Registering a trademark in the USA works in much the same way as in the EU, with one fundamental difference: a condition of US trademark registration is proof that the mark is being used [...]
EU Trademark
An EU trademark, also known as a Community trade mark, is a trademark of the European Union that has effect in all EU member states (including those still in the process of joining). An [...]
Slovak Trademark
A trademark is any sign capable of graphic representation – consisting in particular of words (including personal names), letters, numerals, drawings, the shape of goods or their packaging, or any combination of these – [...]
International Trademark
If you want to protect your trademark abroad in more than three countries outside the EU, the quickest and best route is to register an international trademark under the Madrid Agreement and its Protocol. [...]
Nice Agreement Countries
When registering a trademark, you need to choose the countries in which it should be valid. In other words, one of the key questions in protecting a brand or logo is deciding how many [...]
Intellectual Property
Intellectual property protects business names, creations and your inventions. Intellectual property can be divided into two types: • industrial property: covers rights that give their holders an exclusive monopoly over technical or aesthetic inventions [...]