Why is a self-search useful?
Before filing a trademark application, you should search for identical or similar trademarks that are already protected, as such prior rights could result in a new trademark being canceled or prohibited from use. A thorough search – also outside the trademark register – helps avoid conflicts, legal proceedings, and costs.
Check whether the desired name or the desired logo is already being used by others in the same or a similar form, or for the same or similar goods and services – in Austria or in the countries where you also wish to protect your trademark.
Note: For a so-called “well-known trademark,” protection may under certain circumstances also be claimed for goods and services for which the trademark was not registered or in which it is not explicitly known! However, this extended protection applies only if the use of the trademark or a similar sign by third parties unfairly exploits or impairs the trademark’s distinctiveness or reputation without justifiable cause. The well-known trademark must be recognized as an indication of origin by a significant portion of the public targeted by the trademark’s goods and services.
An overview of all classes of goods and services can be found in the Nice Classification. It contains all currently valid designations and classifications. Learn more about the Nice Classification.