Legal Screening
How to Check a Brand Name Across Trademark Registries
Searching a registry is easy. Reading the result correctly is the part that saves you a rebrand. Here is what each register covers, what the statuses mean, and where searches quietly mislead you.
What a registry search proves — and what it doesn't
A trademark search tells you whether someone has already claimed a similar mark for similar goods in a specific jurisdiction. That is genuinely useful: it eliminates the obvious collisions early, before you spend money on identity, packaging, or ads.
What it does not tell you: whether an unregistered business has common-law rights (very real in the US, UK and Canada), whether an application filed last week is still unpublished, or whether a court would find two marks "confusingly similar". Screening reduces risk. Clearance is an attorney's job.
The registries that matter
USPTO
United StatesFederal US marks and applications
Search TESS/TSDR. US also recognises unregistered common-law rights, so a clear register is not a full clearance.
See how Preemp screens USPTO →EUIPO
European UnionEU trade marks (EUTM) across all member states
One filing covers the whole EU — which also means one conflict anywhere in the EU can block you everywhere.
See how Preemp screens EUIPO →IP Australia
AustraliaAustralian trade marks
Useful early signal for English-language marks; examination is relatively strict on descriptiveness.
See how Preemp screens IP Australia →CIPO
CanadaCanadian trade marks
Bilingual market — check the French reading of your name as well as the English one.
See how Preemp screens CIPO →WIPO
InternationalMadrid Protocol international registrations
Shows marks extended into multiple countries from a single base filing. Good breadth check.
See how Preemp screens WIPO →Nice classes, without the jargon
Trademarks are not owned in the abstract — they are owned for specific goods and services, sorted into 45 categories called Nice classes. Classes 1–34 are goods, 35–45 are services. Most companies need one to three.
A software company usually files in class 42 (software as a service) and often 9 (downloadable software) and 35 (business services). An identical name in class 30 (coffee) is generally not a conflict — unless the mark is famous, in which case it can be.
Reading mark statuses
Where searches give false negatives
- Phonetic equivalents. An exact-string search for "Klaro" misses "Claro". Examiners compare sound, not spelling.
- Translations. In the EU, a mark that translates to an existing mark in another member-state language can be refused.
- Design marks. A logo mark containing your word may not surface in a plain word search.
- Publication lag. Filings can take weeks to appear. Re-run the search before you file.
- Prefix and suffix families. Owners of "Nova-" marks routinely oppose new "Nova-" entrants in the same class.
When to bring in an attorney
Screen broadly yourself to cut the list from fifty names to three. Then pay for a legal clearance opinion on the finalist — before launch, before packaging, and definitely before you file. The cost of an opinion is a fraction of a forced rebrand.
Start a brief, get a screened shortlist
Preemp generates names from your strategic brief and runs the multi-registry screen on them, so you see the conflict landscape before you commit.
This article is general information, not legal advice. Trademark screening results are indicative and do not constitute a clearance opinion.
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