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Trademark search – the foundation of trademark protection

A professional trademark search on the availability of a trademark allows a target-oriented and tailor-made trademark application, a prognosis on the indirect success or possible points of attack of a trademark as well as the possibility to initiate provisional measures in case of a collision with third party rights.

Trademark application may be performed at a lower cost if a search is not performed and the trademark is not applied for professionally. In this case, the trademark is only applied for at the corresponding office and ends with the publication of the trademark. At first glance, a low-cost application procedure may seem tempting. However, this procedure involves a risk that should not be underestimated.

Experience has shown that not conducting a prior search to assess and delimit the competition and availability of a trademark can have unexpected juridical and entrepreneurial consequences. If a trademark that has not been searched is published in the register, owners of older trademarks have the opportunity to object to the trademark registration. Depending on the outcome of the opposition proceedings, the younger trademark is defeated by the older one, with the consequence that the loss of trademark rights causes not only financial losses but also damages customer contact points, and business papers, advertising, websites or products themselves have to be renamed. Consequently, not carrying out a search and the resulting misjudgements in terms of trademark law result in unnecessary expenses and additional costs.

Optimal preparation of a trademark application

In order to establish a strong trademark, it is crucial to ensure the largest possible protection zone in addition to solid branding. As just outlined, such a belt can be specifically chosen and defended thanks to the research.

Choosing the right trademark search

The search is understood as a targeted search for similar or identical trademarks in the trademark register. Consequently, a distinction can be made between identity and similarity searches. The aim of a search is thus to identify whether third-party companies have a confusable corporate identity with a comparable target group. This knowledge enables a prognosis of possible trademark conflicts and the development of a suitable defense strategy.

A strong trademark creates identity, identifies and ensures recognition. It provides information about the owner’s range of products and services and sufficiently differentiates the company from competing third parties. Thus, it serves as an entrepreneurial distinctive feature, which gains value especially over the years. The investment in a solid trademark strategy, especially in the research of a trademark availability, pays off in the long run and shapes the success of a trademark significantly.

We are happy to support you in the development of a brand strategy as well as in the execution of a search..

AMATIN AG  Rechtsanwälte / Rechtsberatung  │  Attorneys at Law / Counselors  │  Conseiller Juridiques / Avocats

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Mariel WalleserMLaw / IP and Life Sciences Lawyer
+41 61 202 91 91

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Verena ErderAssistant, Paralegal, IT- and Data-Manager
+41 61 202 91 90

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Martin BoosAttorney at Law, Partner
+41 61 202 91 93


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