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To find out why trade mark searching is important it is a good idea to familiarise yourself with some of the basics of applying for a trade mark as described in our Trade Marks: Frequently Asked Questions page.
What can I find out from a trade mark search?
If you are thinking of registering a particular mark (such as a name or a logo) it is advisable to try to find out whether
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someone else has already done so before incurring the costs involved in registration. Even if you are not intending to register your mark it is a good idea to check what has been registered in order to avoid infringing someone else's existing mark.
You may wish to find out what trademarks are held by a particular company or individual and a search of trade mark owners can help you to do this.
How reliable is a trade mark search?
No search - whether charged or free - can ever be regarded as foolproof. The effectiveness of the search will be determined in part by the databases used and the experience of the person carrying out the search. Lack of familiarity is obviously likely to increase the risk of missing relevant documents.
Where do I start?
The free search facility on the website of the UK Intellectual Property Office is a good starting point for a trade mark search. It is also worth having a general look around on the internet to see if there are any indications of anyone else using a similar name. You can also check the website of Companies House where you can find out if a name which you are proposing to use has been registered as a limited company.
How different must my proposed mark be from existing trade marks?
It must not look or sound similar to existing marks particularly if the proposed mark is intended to be used in a similar subject area to those which you find in a search. Simply changing the spelling, font or colour of a word does not make it different or distinctive enough from what has already been done.
What is the next step?
Assuming that your initial searching has not revealed anything which conflicts with your proposed invention it is worth considering having a more comprehensive search carried out on a commercial database such as those which staff in Business and Patent Information Services carry out for a charge. By doing so it can be possible to pick up relevant documents which the free databases may have missed.
Information given here is intended as a basic introduction to the subject and should not be taken as a comprehensive or legal statement. Whilst taking every reasonable care to ensure the accuracy of the information it provides for searches of patents and trade marks Business and Patent Information Services does not guarantee the accuracy or completeness of such information and does not accept any liability for errors or omissions or their consequences. Further details can be obtained from Business and Patent Information Services. Tel 0113 2478266 or email
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