In order to avoid potential collisions with earlier trademark rights and to prevent avoidable legal disputes it is advisable to carry out a trademark search prior to the registration of a trademark.
1. Which earlier rights can conflict with a trademark?
Basically, a trademark application can get into conflict with any earlier trademark right in the respective country, in particular with earlier trademarks, company names or other name rights, such as domains. Please note that besides identical earlier trademarks also similar earlier trademarks may constitute an obstacle – as long as they can be confused with the later mark.
2. How much is a trademark search?
The cost of a trademark search mainly depends on the territorial extent (only US trademarks or trademarks which are registered in Germany, Europe and the USA) and on the type of the searched subject, e.g. a search for trademarks, company names or domain names. In addition, it is play a role, whether an identity search for identical trademarks or a similarity search which also includes similar trademarks shall be conducted.
A search starts at approximately € 200.00 for prior identical marks which are registered in the Federal Republic of Germany. However, if a search shall be conducted for many European countries, the corresponding costs amount to € 600,- or more, depending on the number of countries and the type of search.
If you wish to conduct a trademark search, a company name search or domain search, please contact us for an individual offer. Our European trademark attorneys in Munich are looking forward to hearing from you.