Why is trademark search so important?
Before you apply for a trademark, we recommend conducting a search for identical or similar trademarks that have already been applied for or are already registered. This is particularly important because the existence of prior trademarks does not preclude registration, and such a search is not included in the examination procedure before the Austrian Patent Office.
A search prior to trademark application can prevent future legal problems: prior rights may result in the cancellation of later trademark rights or the prohibition from use due to an injunction.
Note: during the application process, the responsibility for assessing whether the trademark registration infringes upon “prior” rights lies exclusively with the applicant. Often, the holders of prior rights are willing to enter into licensing agreements or coexistance agreements and, within that framework, tolerate a later registration. If there are uncertainties in this regard, it is recommended to engage professional legal representation to provide legal advice and, if necessary, to conduct negotiations.
Trademark searches: the options
Conduct your own search or have the experts at the Austrian Patent Office search for you. Find all options here.
Self-Search
Is your trademark truly new? What similar trademarks already exist? Here you can conduct your own search in free databases
Trademark Similarity Search
Let our professionals search whether your trademark is truly new and what similar trademarks already exist
Pre Check Trademark
Our professionals assess the likelihood of your trademark being registered and identify any similar trademarks