Brief guide to trademarks
What is the difference between a registrability search and an in-use search? >>more
What is the difference between an identity search and a similarity search? >>more
How extensive is a search? >>more
What is the difference between trademarks and names? >>more
Can I conduct a trademark search myself? >>more
What are “absolute grounds for refusal”? >>more
What do the abbreviations (D), (CTM) and (IR) mean? >>more
What countries belong to the EU (European Union)? >>more
What states are parties to the Madrid Agreement? >>more
What is a period of grace? >>more
What is the difference between a registrability search and an in-use search?
The purpose of a registrability search is to determine whether a trademark is already protected. An in-use check aims at determining whether third parties are infringing any rights relating to a trade mark which has already been registered. [For more information see Searching]
What is the difference between an identity search and a similarity search?
Exactly the same name is searched for in an identity search. A similarity search includes names or logos which are similar to a certain mark.
How extensive is a search?
Searching covers registered and filed German trademarks, the CTM register and international registers. How extensive each particular search is depends on the geographical spread of a given mark.
What is the difference between trademarks and names?
There is no difference as far as trademark registration is concerned.
Can I conduct a trademark search myself?
Yes, but only a professional search strategy covering various databases guarantees for a high level of security.
The Trademark Conquerors have both the experience and know-how necessary to offer you professional searching services, including the legal evaluation of the search results and presenting them in a report.
In case of trademarks, the mere possibility of confusion may lead to a cease-and-desist letter. The complexity of the matter makes a professional search strategy in different databases indispensable.
A search which has not been carried out by an expert is likely to be of little use in the decisive moments.
Due to the requirement of neutrality, we strongly recommend that you have a search carried out by a neutral party when selling a trademark or a domain or in the case of a dispute.
What are "absolute grounds for refusal"?
In order to avoid being rejected “on absolute grounds” your trademark must be:
- not similar or identical to any earlier marks for the same or similar goods or services
- not deceptive
- distinctive for the goods or services which you are applying to register it for
What do the abbreviations (D), (CTM) and (IR) mean?
(D), (CTM) and (IR) indicate the territory in which a given trademark is protected.
(D) = Germany
(CTM) = Community Trade Mark (European Union)
(IR) = International Registration
What countries belong to the EU (European Union)?
See Member States of the European Union
What states are parties to the Madrid Agreement?
See Contracting parties to Madrid Agreement
What is a period of grace?
The period of grace includes the five years following the registration of a trademark. The trademark cannot be revoked during this period.