Free Trademark Search and Conflict Pre-Check

How do you choose a strong name before a trademark search?

A good trademark search result starts with a good name. Offices look at the sign itself first. If the name describes the goods or services, trouble can start before any earlier mark plays a role. That is why we suggest ranking your candidates on the distinctiveness scale, which comes from US practice (USPTO TMEP 1209.01). The UK, the EU, Germany and Türkiye do not use these labels. However, they test the same idea (TMA 1994 s.3, EUTMR Article 7, MarkenG § 8, SMK 5).

• Fanciful: an invented word with no meaning, for example VELORIQ for software. With arbitrary marks, it forms the strong end of the scale.
• Arbitrary: a real word with no link to the goods, for example TANGERINE for accounting software.
• Suggestive: it hints at the goods without describing them, for example SOLARYS for software that monitors solar plants.
• Descriptive: it states the kind, quality, purpose or origin of the goods, for example SOLAR MONITOR for that software.
• Generic: the common name of the goods, for example SOFTWARE for software.

TMEP calls the first three groups inherently distinctive. In the US, descriptive matter needs acquired distinctiveness to reach the Principal Register (15 U.S.C. § 1052(f)). A generic term stays off both registers. In practice, most debates happen on the line between suggestive and descriptive. So it pays to show borderline names to a professional.

Run three more checks while you choose. First, say the name aloud in English and in the other languages of your markets. Our tool measures sound with Double Metaphone for English, Kölner Phonetik for German and its own rules for Turkish. Next, keep laudatory words (premium, best) and place names out of the core of the mark. Also, a deliberate misspelling of a descriptive word still sounds the same. If name and logo will work together, start brand identity work now to avoid costly changes later.

Why check domains and social handles alongside your trademark search?

Trademark registers show applications and registrations only. Unregistered rights, company names, domain names and unpublished applications often stay invisible in these searches. Our tool lists this among its known limits. In the US, a full search also covers state registers and common law use. The federal search does not show them. In the UK, the EU and Türkiye, earlier unregistered rights can also support an opposition under certain conditions. So we suggest completing the register search with the traces a name leaves online.

• Domain names: our WHOIS lookup shows whether someone holds a domain, when they registered it and when it expires. Our guide to choosing a domain name then helps with the extension.
• Earlier use: the website history tool shows from archive records whether a same-name domain was live before.
• Ads and social media: an ad library search shows whether a business already advertises under the name. Also try the handle on Instagram, TikTok and YouTube.
• Company registers and app stores: search Companies House or your local business register and the app stores for close names.

Does your name already sit on another Instagram account? Our Instagram username claim page explains the lawful routes. One spelling for domain, handles and mark also keeps customers from drifting to variants.

What can you do when a similar mark shows up?

A similar record does not close the road on its own, but we cannot give you the answer either. The questions below sharpen your file before you talk to a trademark attorney or lawyer. The tool's G and D columns also hint at most answers.

1. Is the record still alive? A dead or refused record gets a low D. A registration in its renewal grace period may still come back, which is why the tool gives it 0.3.
2. Are the goods and services really close? A shared class number is not proof of similarity. In the US, coordinated classes matter; in Türkiye, "same kind" in principle means the same subgroup of a class. Our trademark class finder shows commonly paired classes and the Türkiye subgroups.
3. Is the record in your market? A registration protects in the country or region where it exists. For example, an EU trade mark covers every member state, Germany included, while the UK keeps a separate register.
4. Does the owner actually use the mark? In Türkiye, for example, the applicant may ask for proof of genuine use during the opposition. This applies if the opposing mark has sat on the register there for at least five years (SMK 19/2).
5. Is consent possible? In Türkiye, a notarised letter of consent from the earlier owner overcomes the SMK 5/1(ç) refusal (SMK 5/3). Elsewhere, local law decides what consent or coexistence agreements achieve.
6. Is a new name cheaper? A name that contains the earlier mark as a separate word gets a visual score of at least 0.75. So an add-on like SOLARYS TECH rarely creates enough distance. A new candidate before you spend on logo, packaging and domains is often the cheaper route.

Is your logo ready and a change unavoidable? Our article on when you need a logo redesign helps you plan its scale.

How does the opposition timeline work in each market?

A trademark search is the step before filing. In most markets, the real test is the opposition window that opens after publication. The office examines the application, publishes it and then gives owners of earlier rights a fixed period. The office table on this page sums up the periods. By contrast, the table above shows which event opens the window and who may oppose.

Three differences change your planning. First, the US window is 30 days, but extensions can stretch it to 180 days in total. Second, Australia splits opposition into two steps: a notice of intention, then the grounds one month later. Finally, Germany registers first and accepts oppositions for three months after publishing the registration. So do not relax while that period runs, even with the certificate in hand.

Third parties can speak up too. In the EU, observations can only rely on absolute grounds (EUTMR Article 45). They must also reach the office before the opposition period ends. Germany likewise lets third parties file written observations on absolute grounds before registration, without becoming parties (MarkenG § 37(6)). Türkiye accepts observations from publication until registration, but the SMK 5/1(ç) ground needs an opposition (SMK 17/1).

Until the window closes, you can hold back spending that is hard to reverse. Think of printed packaging, signage or large ad budgets. This is calendar planning, not legal advice. If an opposition arrives, then manage the deadlines with your trademark attorney or lawyer.

How does the Madrid system work when you expand abroad?

The Madrid system lets you designate several countries with one international application. However, the application does not go straight to WIPO. It rests on an application or registration in your home country, the basic mark. That country's office, the office of origin, forwards it to WIPO (Madrid Protocol Article 2(2), Regulations Rule 9(1)). You also need a link to that office through nationality, domicile or a real and effective establishment.

WIPO does no substantive examination; it records an application that meets the formal requirements straight away (Protocol Article 3(4)). Each designated office then applies its own law. It may notify a provisional refusal within 12 months, or 18 months if that country made a declaration. An office that misses the deadline loses the right to refuse. Protection then works as if that office had registered the mark (Protocol Article 5(5)). Oppositions also run in each country under its own time limits, not at WIPO.

Fees come in layers. The WIPO basic fee is 653 CHF in black and white and 903 CHF in colour. It covers 10 years. On top, each class beyond three costs a 100 CHF supplementary fee. Each designated country without an individual fee also adds a 100 CHF complementary fee. Countries with individual fees set their own amounts, and the office of origin may add a transmittal fee. We read these amounts on 1 October 2026, so check them again on filing day.

Madrid is not the only route. An EU trade mark covers all member states in one filing, and the UK needs its own application. Whichever route you pick, screen every target country first. Use the TMview, Madrid (WO) link under the tool's International office and the national offices. If you make products under your own label, our private label guide covers how to build your own brand.

When should you bring in a trademark attorney or lawyer?

Talha Aslan and the team do not provide legal, trademark attorney or patent attorney services. Our tool is a pre-screening that applies the same rules to everyone. In the UK, only registered people may use the title registered trade mark attorney (Trade Marks Act 1994 s.84). Before the USPTO, with narrow exceptions, only attorneys may represent others in trademark matters (37 CFR 11.14). So we suggest a professional in these situations.

• The score table shows a record with R ≥ 50, or the Türkiye card shows an ex officio refusal indicator.
• The Absolute grounds indicator reads Attention or High and you do not want to drop the name.
• You plan to file abroad. Applicants domiciled outside the US need a US-licensed attorney (37 CFR 2.11(a)). Without domicile, seat or establishment in Germany, you must appoint a Rechtsanwalt or Patentanwalt (MarkenG § 96). Outside the EEA, an EU applicant needs a professional representative for every step after filing (EUTMR Article 119(2)). UK filings need no attorney, only a UK, Gibraltar or Channel Islands address for service (TMR 2008 r.11).
• You received an office refusal or a notice of opposition, or you plan a consent or coexistence agreement.

Bring the tool's report, the score table (CSV) and the search log to the meeting. The method version, time stamps and links you opened sit in the file. So the professional can repeat the same searches quickly. Once the legal side is clear, you can focus on building brand authority.