The property right search checks whether a trademark is already protected. The use search checks whether third parties infringe the rights of an already registered trademark.

In an identity search, exactly the same name is searched for. A similarity search is used to find names or logos that resemble a specific trademark.

The search – i.e. the search – covers German trade marks applied for and registered, registers of European Community trade marks, and international registers. The scope of the search depends on the use of the trademark.

From the point of view of the trademark application there is no difference.

Yes, but to be really sure, a professional search strategy in different databases is absolutely necessary.

The trademark conquerors have the necessary experience and expertise, can analyse the result and summarise it in a report.

In the case of trademarks, a warning is often issued for likelihood of confusion. The complexity requires a professional search strategy in different databases.

The significance of a professional search is decisive.

For reasons of liability and the necessary independence, we recommend that you conduct your research via a neutral provider in the case of brand or domain sales and conflict situations.

Absolute protection obstacles are:

• there is too great a similarity between the mark and an already registered mark, its goods and services
• deceptive indications
• the trademark consists exclusively of signs or indications in ordinary language.

There are also relative barriers to protection and insurmountable obstacles to protection.

(D), (EU) and (IR) describe the provenience of the trademark:

• (D) = Deutschland, Germany
• (EU) = Europäische Gemeinschaft, European Union
• (IR) = Internationale Registrierung, International Registration

European States: Belgium, Bulgaria, Romania, Czech Republic, Denmark, Germany, Estonia, Greece, Spain, France, Ireland, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Slovakia, Finland, Sweden and United Kingdom. (as of 2020)

See also: Vertragsstaaten nach MMA <klicken!

The grace period for use is the period from the date of filing of the application for a trade mark. The period is five years from the filing of the trademark application. During this period, the trademark cannot be cancelled.