A trademark filing without a prior search is like a jump into an unfamiliar pool. Maybe everything goes well — maybe not. The follow-on costs of a collision often exceed the search investment many times over.

What a trademark search reveals

The search shows whether your intended trademark could conflict with already registered or filed marks of third parties. It checks for:

  • Identical marks in the relevant goods and services classes
  • Phonetically similar marks (sounding alike, even with different spellings)
  • Visually similar marks (visually confusable)
  • Conceptually similar marks (same meaning content)
  • Trademark families that build an extended scope of protection

The examination extends to national, European and — depending on business activity — international marks.

Identity search isn’t enough

Online tools of the Austrian Patent Office or the EUIPO offer free identity searches. These reveal only exactly matching marks — but in practice the real risk is confusion with similar marks. A self-search is a first orientation but does not replace a professional similarity search.

What’s at stake in a collision

If a conflicting mark only becomes visible after registration, several scenarios are possible — all expensive:

  • Opposition proceedings by the owner of the earlier mark
  • Cancellation application at the Patent Office
  • Injunction action and damages claim
  • Abandoning the mark — including all investments in branding, packaging, marketing, domain

In each case: lost money, lost time and usually also lost market position.

What the search costs — and what it saves

A basic similarity search is included in our flat fee for trademark filings. In-depth similarity searches we carry out at our hourly rate; we agree the time budget with you up front.

The search investment is typically a fraction of what a single opposition procedure costs. It’s the cheapest risk hedge in the entire filing process.

When the search shows something notable

If a conflicting mark is found, not all doors are closed. Possible strategies:

  • Modifying the intended mark (different lettering, different graphic element, different classes)
  • Coexistence agreement with the owner of the earlier mark
  • Licence from the trademark owner
  • Abandonment of the sign and new development

Which option makes commercial sense we discuss together — ideally before the first press of the filing button.

This article is for general information and does not constitute legal advice in any specific case.