Trade Mark Search vs Clearance: What Is the Difference?
A register search tells you which marks already exist. A clearance search tells you whether you can safely use and register your own name. A free register search catches identical marks; a clearance assessment adds phonetic and similar-mark conflicts, class overlap and a likelihood-of-confusion view, which is what actually decides your risk.
What is the difference between a trade mark search and a clearance?
A register search lists marks that match your text, with owner, classes and status. A clearance search goes further: it scores phonetic, visual and conceptual similarity, weighs class overlap and likelihood of confusion, and returns a risk verdict on your specific name. Search tells you what exists; clearance tells you if you can use yours.
What does a free register search cover?
A free register search checks the official IPO data for marks matching your text, with their owner, classes and status. It is the essential first step and confirms what is on the public record. It will reliably surface identical and close text matches in the classes you check. You can run one on the UK search page.
What does a register search miss?
It misses confusingly similar marks: sound-alikes (“Kwik” versus “Quick”), visual look-alikes and conceptually close names. Under section 5 of the Trade Marks Act 1994, a similar mark on similar goods can block you if there is a likelihood of confusion, yet an identical-text search never surfaces it. It also misses unregistered passing-off rights.
What does a clearance report add?
A clearance report turns a list into a decision. It scores conflicts by phonetic, visual and conceptual similarity, assesses Nice-class overlap, weighs whether earlier marks are in genuine use, and returns a plain-English risk verdict. That is the analysis that protects your non-refundable IPO filing fee.
Why can a clearance judge risk a database search cannot?
Because likelihood of confusion is a global, contextual judgement, not a text match. UK tribunals apply the settled framework: a lesser similarity between the marks can be offset by a greater similarity between the goods, and vice versa (Canon, C-39/97); the average consumer relies on the imperfect picture kept in mind and rarely compares marks side by side (Lloyd Schuhfabrik Meyer, C-342/97); and the sign is judged in its real-world context, so use in a particular colour or get-up matters (Specsavers v Asda [2012] EWCA Civ 24). A database returns rows; clearance weighs these factors to reach a risk verdict on your name.
Does registering a broad list of classes keep me safe?
Not necessarily. In SkyKick v Sky (2024) the UK Supreme Court held that filing for an implausibly broad range of goods and services, with no genuine intention to use them, can amount to bad faith and leave parts of a registration vulnerable to invalidation. Clearance is about the right classes for real use, not the widest net.
Register search versus clearance, side by side
| Free register search | Clearance report | |
|---|---|---|
| Identical marks | Yes | Yes |
| Sound-alike / similar marks | No | Yes |
| Class-overlap analysis | Basic | Full |
| Likelihood-of-confusion view | No | Yes |
| Filing recommendation | No | Yes |
| Cost | Free | From £9.99 (Basic tier) |
Which do you need right now?
Check your name is clear before you commit: sound-alikes, look-alikes and Nice-class overlap, not just exact text.
Run a clearance report →Filing isn't the finish line. Look-alike marks can be filed after yours, and you can oppose them inside the roughly two-month window.
Set up an opposition watch →A registration is only useful if you spot threats in time. Monitor the register and your classes for new conflicts.
Start Trademark Shield →Free search done. But is your name actually safe to file?
A free search shows what already exists. A clearance report goes further: it scores every conflict by sound, look and meaning, checks Nice-class overlap, and returns a green/amber/red filing verdict with a downloadable PDF, from £9.99.
Frequently asked questions
Is a free trade mark search enough before I file?
It is a necessary first step but not a clearance. A free search confirms identical marks; it will not catch confusingly similar names or assess likelihood of confusion, which is where most refusals and oppositions actually come from.
Why does an identical-mark search miss conflicts?
UK law (Trade Marks Act 1994, s.5) blocks marks that are merely similar, not just identical, where confusion is likely. An exact-text search cannot find a sound-alike or look-alike, so it understates your real risk.
Does a clearance report guarantee my mark will register?
No. It reduces risk and gives you an evidence-based view of likely conflicts and refusal grounds, but no search can guarantee registration or that a third party will not assert rights.
What does a clearance report cost compared with filing?
A clearance report starts at £9.99 (Basic). A UK application costs £205 per class from 1 April 2026 and is non-refundable if refused, so clearance protects the larger spend.
Sources: legislation.gov.uk Trade Marks Act 1994 s.5; GOV.UK Trade Marks Manual; GOV.UK IPO fees from 1 April 2026; SkyKick UK Ltd v Sky Ltd [2024] UKSC 36; Canon Kabushiki Kaisha v MGM, C-39/97; Lloyd Schuhfabrik Meyer, C-342/97; Specsavers v Asda [2012] EWCA Civ 24. Accessed 3 July 2026. Clearance tiers: Basic £9.99, Standard £49.99, Premium £99.99.