Before filing an application for trademark registration, it is important to conduct a preliminary trademark search. Such a search helps assess the risk of refusal and avoid conflicts with earlier trademarks.
Why a search in the national register is not enough
Many applicants limit their search to the publicly available national trademark register in Ukraine. However, this approach does not always provide a complete picture.
A professional trademark search usually includes not only national registrations but also other sources of information that may affect the registrability of a sign. In particular, trademark applications, international registrations, and other potentially conflicting signs may need to be analyzed.
Similarity of trademarks as a ground for refusal
It is important to understand that a refusal may be based not only on an identical trademark. In many cases, the reason for refusal is the similarity of signs, especially when they are used for identical or related goods and services.
Moreover, during the analysis it is not only the word or graphic element that is evaluated, but also other factors that may influence how consumers perceive the sign.
What a preliminary trademark search provides
A preliminary trademark search allows you to:
- assess the risk of refusal of trademark registration;
- identify potential conflicts with earlier applications or registered trademarks;
- adjust the sign or the list of goods and services if necessary.
Practice shows that conducting a trademark search in advance significantly reduces the risk of losing time and money during the registration procedure.
If you are planning to file a trademark application, it is advisable to conduct a professional preliminary analysis of the sign to assess potential risks.
