Identity Search
The identity search clarifies whether the new trademark has already been registered by third parties in an identical form for identical goods or services and registered by the relevant trademark office. The identity search only relates to exactly the same brands and not to similar brands.
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Identity Search
When searching for trademarks, the relevant registers are checked to see whether the trademark has already collided with another trademark, the older one.
Two brands must not be identical because otherwise there is of course a risk of confusion for the consumer. The older brand enjoys the higher protection rights than the younger brand. The identity search is different from the similarity search because the identity search only checks the brand in the spelling as it is specified.
Identity research is an absolute basic necessity. However, it is usually not sufficient on its own, but only a minimum. In addition to the identity search that relates exactly to the brand in the spelling as indicated, a similarity search should be carried out.
The similarity research has different strategy approaches. The respective strategies are then researched for similar brands in a certain systematics.
A trademark registration without identity and similarity research should not be undertaken, as it is imperative to know which possible older rights the new ® collides with.
If you know which older rights exist, there are often ways to register the trademark anyway by switching to other services or other Nice classes or other components. In any case, it is worth knowing what older rights are available in order to be able to develop an appropriate alternative strategy.
In the case of figurative marks (logos), the identity search is more complex, since different figurative elements can be searched for. A logo or image that consists of several components often has to be taken apart and the individual components researched.
The picture elements are classified according to the Vienna system. The Vienna Classification consists of a hierarchical system that goes from general to individual.
In the Wiener System, all parts of the picture are divided into sections and subsections. From today’s perspective, the Viennese system seems a bit antiquated, but it is still used today to classify images and image components.
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Frequently asked questions
What is a trademark?
A trademark can be a sign of all kinds, in particular words, including personal names, or images, letters, numbers, colors, the shape or packaging of the goods or sounds, insofar as such signs are capable of distinguishing the goods or services of one company from those of other companies and to be presented clearly and unambiguously.
Why is it important to trademark your brand?
A trademark application or an entry in the official EUIPO trademark register can increase the value of your brand and the company. A registered trademark offers protection and reputation because the registration of the trademark grants its owner an exclusive right of use. Third parties can be prohibited from using the brand.
How much to register a trademark?
In the best case, the pure official fees are 850 euros, in the most expensive 1800 euros. A nice class is always included, a second class costs 50 euros and each further then 150 euros in pure official fees. Litigation can result in significantly higher costs if, for example, a mark in a Nice class has not been used for more than 5 years.
How long will be the EU trademark protected?
The protection of the EU trademark lasts 10 years from the registration date and can be extended for 10 years at a time.
What are the types of trademarks that can be protected?
The most common is the wordmark and figurative mark (logo or design). A wordmark consists exclusively of words or letters, numbers, other typographic symbols. Figurative marks (logos or designs) are marks in which non-standardized characters, stylizations, or layouts, or colors are used.
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