Step 4 of 5 – Check Availability: 
Is Your Trademark Already Used by Others?

Before filing an international trademark application, it's essential to check whether your mark is already registered or in use in your target markets. A comprehensive trademark search will help you: Fully exploring options when similar or identical trademarks exist in target markets often requires legal expertise. Trademark practitioners can provide tailored advice and help with idea assessment, securing rights, and monitoring for infringement. Costs vary based on individuals, firm, support needed, and time involved.
 

  • If you decide to seek legal help at this stage of your trademark registration journey, remember to take print-outs of your journey's results to facilitate discussions.Spot possible conflicts with existing marks
  • Avoid rejection of your application
  • Make informed choices about naming and branding strategy.

Start your trademark search

Use WIPO’s Global Brand Database  to search millions of trademarks registered around the world – including those filed through the Madrid System. This free tool allows you to:
 
  • Search by name, logo or image
  • Filter results by country, class, date, and more.
  • Preview key trademark details in one place.
For some countries, results may be incomplete or unavailable. Check with local IP Offices to find out more about their trademark collections. You'll find their website addresses in our Madrid System member profiles .

1. Look for identical or similar marks

Use the Quick Search in the Global Brand Database to:
  • Search by exact name or close spelling
  • Drag and drop your logo to search visually
  • Check phonetic and conceptual similarities.
Important: Trademark registration offices and courts don’t limit the concept of “identical trademarks” to exact duplicates; they include marks that look very similar. If your trademark is identical or very similar to another trademark already registered in a specific country, protection will likely be refused by that Madrid System member.

2. Analyze your search results carefully

If you don’t find any identical or similar trademarks: 
  • Expand your search to identify registered trademarks resembling yours in appearance, sound, or significance.
  • Explore trademarks associated with similar goods and services. 
If you do find similar or identical trademarks registered in one of your target markets, don’t despair.
  • Check if it’s active and registered in the same Nice class(es). 
If it's not, you might still be able to register it! You can also think about using a different brand name for your products/services in that particular market.

Parallel Paths

Explore options for coexistence with another trademark. Check how your trademark differs and if you can peacefully share the space. Talk to a trademark professional for advice, then reach out to the other brand. See if you can agree on some rules to coexist without causing confusion. Write down these rules in an official agreement, and if necessary, get it approved by the  local trademark office. After that, keep an eye on both brands to make sure everyone sticks to the deal, and be ready to take legal action if things go off track.

Different goods and services

Check whether the similar/identical trademark is for the same goods and services that you need it for.  If the classes of goods and services are different, you may still be able to use the same name.

Inactive or expired

Check whether the registered trademark is currently inactive. If inactive or expired, your brand may still be registrable.

Alternative names for registration

3. Consider using legal assistance

Fully exploring options when similar or identical trademarks exist in target markets often requires legal expertise. Trademark practitioners can provide tailored advice and help with idea assessment, securing rights, and monitoring for infringement. Costs vary based on individuals, firm, support needed, and time involved.

If you decide to seek legal help at this stage of your trademark registration journey, remember to take print-outs of your journey's results to facilitate discussions.
Trademark professionals guide you through various stages of your IP journey, offering legal, financial, and business advice. They assist in developing a trademark strategy, conducting searches, filing applications, and navigating international processes and markets.
Choose your trademark adviser wisely! Trademark attorneys can provide tailored advice to safeguard your trademark, helping with idea assessment, securing rights, and monitoring for infringement. Costs vary based on individuals, firm, support needed, and time involved.

Ready to file your international trademark application?

Join our free webinar to discover how the Madrid System helps you protect your brand and grow globally.

Need local support?

Our SME Support Institutions Platform will help you find a local trademark advisor. Your local IP Office may also have recommendations. You'll find their contact details in the Madrid System member profiles .
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Start your research into whether your trademark is available.
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