Checking trademark availability
Last updated : 27 September 2026
In short
A mark is available if it does not infringe an earlier right. A prior-rights search reduces the risk but does not remove it. The absence of a strictly identical mark does not guarantee the mark is available. A similarity search provides greater legal certainty for the filing.
Identical search
We look for strictly identical marks, for identical or similar goods or services. It is included in the Compliance and Comprehensive offers.
Similarity search
We also look for marks that are visually, phonetically or conceptually similar (“NEXORA” vs “NEXXORA” or “NEKSORA”). These are the marks behind most oppositions. Included in the Comprehensive offer.
What each offer includes
- Essential: no search; the mark is provided ready to file.
- Compliance: identical search and specification validation.
- Comprehensive: identical and similarity searches, specification drafting.
Earlier rights
Besides registered marks, obstacles may include: a company name, trade name or shop sign in use, an active domain name, copyright (in a logo, for example), a designation of origin.
Company name, domain name and trademark
- Company name: registered with the companies register, it identifies the business.
- Domain name: an internet address reserved with a registry, “first come, first served”.
- Trademark: a right granted by an office for specific goods and services, in a territory.
- Having one does not give you the others: your domain name does not protect you against an identical mark filed by someone else.
Limits
- Public databases do not always show the most recent applications (a 3 to 4 week delay between filing and publication).
- Unregistered rights (such as copyright) appear in no trademark database.
- Public databases show identical earlier marks, but no result does not guarantee the mark is available. Most disputes arise from marks that are merely similar.
- The office carries out no prior-rights search: it is up to the earlier owner to file an opposition.
FAQ
No identical result: am I safe?
No. Similar marks or unregistered rights may still stand in the way.
Can I search myself?
Yes, free of charge and to a certain extent. Databases such as TMview, eSearch plus, data.inpi.fr, the UKIPO search service or Swissreg show identical marks, but do not allow similarity searches.
Does my company name protect me?
To some extent (and only in your country), but not as well as a trademark, since you must prove your business activity and its start date. A trademark protects you from filing for the goods and services listed in the application, even if you do not use it in the first years.
Official sources
- TMview (bases des offices)
- EUIPO eSearch plus
- INPI — data.inpi.fr
- GOV.UK — Search for a trade mark
- Swissreg
This guide is general information and does not replace advice tailored to your situation. Your file's deadlines are those set by the office.