How to Search for a Trademark (UK, EU & US)
A complete, step-by-step guide to searching for a trademark before you file. Avoid oppositions, save money, and protect your brand.
Why trademark searching matters
Filing a trademark without searching first is like building a house without checking the land registry. You could invest months of work and thousands of pounds only to discover that someone already owns a confusingly similar mark.
A proper trademark search helps you:
- Avoid wasting filing fees (£205+ at UK IPO)
- Prevent costly oppositions and rebrandings
- Identify potential risks before you commit to a brand
- Strengthen your position if you do face a challenge
Step 1: Define what you're searching for
Before you search, be clear about what you want to protect. A trademark can be a word, phrase, logo, or combination. For a name search, start with the exact text of your proposed mark.
You should also identify which Nice classes your products or services fall under, as trademarks are registered per class.
Step 2: Search the official registers
There are three main registers you should check:
- UK IPO - The UK Intellectual Property Office maintains the register for all UK trademarks
- EUIPO - The European Union Intellectual Property Office covers EU-wide registrations
- USPTO - The US Patent and Trademark Office for US registrations
You can search each individually, or use Trademark Dashboard to search all three simultaneously with a single query.
Step 3: Check for phonetic similarities
Identical matches are the obvious risk, but trademark law also considers confusing similarity. Two marks that sound alike can be refused even if spelled differently. For example:
- "Lyft" and "Lift"
- "Xero" and "Zero"
- "Flickr" and "Flicker"
Phonetic similarity analysis can flag these conflicts automatically, saving you from manual guesswork.
Step 4: Evaluate the results
Not every match is a blocker. Consider:
- Class overlap - A matching name in a completely different class may not conflict
- Geographic scope - A US-only registration may not block a UK filing
- Status - Expired or abandoned marks are usually available
- Similarity degree - Exact matches are high-risk; partial overlaps need judgement
Is my trade mark name available in the UK?
Your name is available in the UK when the IPO register shows no identical mark and no confusingly similar mark for your goods and services. A free register search settles the identical question in seconds. The similar question is a judgement about sound, look and meaning by class, and since 2007 the UK IPO no longer makes it for you.
What “available” means
- Identical marks: the same word or words in your class. A live identical mark in your class means the name is not available.
- Similar marks: marks that sound, look or mean the same (Lyft and Lift, Xero and Zero) in the same or related classes. These bring the oppositions; under the Trade Marks (Relative Grounds) Order 2007, art. 2, the IPO leaves this check to the applicant.
- Class matters: a similar mark in an unrelated class (clothing in class 25 while you sell software in class 9) is usually not a conflict. Pick your classes first, then read the results by class.
- Status matters: expired and lapsed marks are usually available, but recently lapsed ones can be restored and may carry residual goodwill.
A worked example
Take an invented name, “Kettlebrook”, for coffee equipment (class 11) sold online (class 35). A free search finds no identical mark. It does find “Kettlebrooke”, live in class 11 for kitchen appliances. That is a similar mark in the same class: not a hard block, but exactly the result a clearance report scores for phonetic, visual and conceptual similarity before you file. The domain kettlebrook.co.uk being free changes none of this.
Check the domains and social handles alongside the register with the free Domain & Social Handle Check, then get the similarity verdict from a clearance report, from £9.99.
Step 5: Get a professional opinion (if needed)
For high-value brands or complex results, a trademark attorney can provide a formal clearance opinion. This is especially important if you find similar marks and need to assess the true risk.
How modern tools change trademark searching
Traditional trademark searching involves manually querying multiple databases, interpreting results, and hiring attorneys for clearance opinions. Platforms like Trademark Dashboard automate much of this process:
- Instant multi-register search - Query UK IPO, EUIPO, and USPTO in one go
- Phonetic analysis - Automated sound-alike detection across all results
- Risk scoring - Automated risk assessments for each potential conflict (including AI-assisted models on paid tiers)
- Class suggestions - Smart recommendations for which classes to file in
Search the UK, EU and US registers free with phonetic matching, exactly as described above. Then get a clearance verdict for your mark — from £9.99.
Frequently Asked Questions
How do I search for a trademark in the UK?
You can search the UK IPO trademark register at gov.uk, use the EUIPO's TMview tool for EU marks, or use Trademark Dashboard for an instant multi-register search across the UK, EU and US registers simultaneously. A good search checks exact matches, phonetically similar marks, and overlapping Nice classes.
Is a trademark search necessary before filing?
While not legally required, a thorough trademark search is strongly recommended. Filing without searching risks an opposition, wasted filing fees (£205+ at the UK IPO), and potentially having to rebrand. A search up front can save thousands in legal costs later.
What is a phonetic similarity search?
A phonetic similarity search identifies trademarks that sound similar to your proposed mark even when spelled differently — for example 'Lyft' and 'Lift', or 'Xero' and 'Zero', would be flagged. Modern search tools automate this analysis instead of relying on manual guesswork.
How much does a professional trademark search cost?
Traditional searches from law firms cost £300–£1,500 per mark. Services like Trademark Dashboard offer a free instant search and paid clearance reports from £9.99, covering multiple registers in seconds rather than days.
What's the difference between a free search and a clearance report?
A free search gives you an instant check of the registers for identical and similar marks. A paid clearance report goes deeper — adding phonetic analysis, Nice-class overlap, Companies House name checks and a structured risk assessment — so you can judge the true likelihood of a conflict before committing to a brand.
Can I trademark a name that is already registered as a company name?
Possibly. A company name registered at Companies House is not the same as a trademark and grants no automatic brand rights. The name may still be available to trademark, unless someone already holds trademark rights in it for similar goods or services — which is why you should search both the trademark register and company names.
Does a trademark search guarantee my application will be accepted?
No. A search reduces risk but does not guarantee acceptance. Your application must still pass examination on absolute grounds (for example, it must not be purely descriptive) and survive the 2-month opposition period, which depend on factors beyond existing marks.
How far back should a trademark search go?
A thorough search covers live and pending marks plus recently lapsed or expired ones, because some can be restored or still carry residual rights. Trademark Dashboard searches across 3 million registered, pending and lapsed UK marks for this reason.
What is the likelihood-of-confusion test?
Under section 5(2) of the Trade Marks Act 1994, a later mark can be refused if there is a likelihood of confusion with an earlier one. The test weighs the similarity of the marks, the similarity of the goods or services, and the distinctiveness of the earlier mark — both the marks and the goods or services generally need to overlap.
Is my trade mark name available in the UK?
It is available when the UK IPO register holds no identical mark and no confusingly similar mark for your goods and services, and no earlier right such as a well-known unregistered brand blocks it. A free search answers the identical question in seconds. The similar question needs a clearance report or an attorney, because the IPO has not examined it for applicants since 2007.
What does 'available' mean for a trade mark?
Two things at once: no identical earlier mark in your classes, and no earlier mark so similar in sound, look or meaning that customers would be confused (section 5(2) Trade Marks Act 1994). A name can pass the first test and fail the second.
Can a name be available as a domain but not as a trade mark?
Yes, and it is common. Domain registries and the trade mark register are separate systems; a free .co.uk says nothing about the UK IPO register. Check both, and confirm the trade mark side by class.