Trademark Search – How to do a trademark search for registered trademarks explained #rolfclaessen


How to do a trademark similarity search This video is about a trademark search Before launching a new product or a new company
name it is advisable that you do a trademark search before launching the new product or
company name to avoid a conflict with earlier similar trademarks. So, for example, if you
want to launch a new company called PMW for cars then you can find out with a trademark
similarity search that there is an earlier trademark BMW. So maybe you find another name. OHIM offers a really nice tool to do similarity
searches called TMView Not only the EU member states but also other
countries such as the US and Korea are contributing their data into this handy database. So you
can click on advanced search and then you could enter the name off your new product.
You could also limit your search with many other search criteria such as classes for
goods and services or e.g. you could also limit the search with the trademark offices
that you would like to search and many other criteria. Let’s use an example: so we want to launch
a new line of t-shirts under name of MARIMBA. So we enter the name marimba and then we also
want to find similar trademarks so we click on fuzzy search. And then we want to class
25, which is clothing and shoes and headwear. Then we also want to search in class 18, which
is bags – sometimes considered similar to clothing. And then we may also want to search
14, which is jewellery, which is also sometimes considered similar to clothing. And then we
can hit search. So this gives us all the found similar trademarks
that are in this database from all over the world. All EU countries but also many other
sources. You can of course browse these or skip through these results. Let’s go to the
last page.Or the second last page, where we find the MARIMBA results. Here we find the
first two trademarks MARIMBA from Mexico. That might not be our core market. So we look
further. Ant then we see – voila – a trademark MARIMBA from Spain in class 25 for clothing
and probably for retail services in class 35. So we can click on that and then we can
see all the details of this trademark.And if we wanted to we can copy & paste the URL
to send it to friends, or to clients or to colleagues. We can also send this whole search
to a client or friend or colleagues within the company by clicking this symbol. And then
we can just copy & paste this URL that will lead everyone to the exact same search that
we configured. If you are not a licensed attorney or patent
attorney you are liable for what you do with the search. So if you want to limit your liability,
maybe you want to give the search out to a patent attorney. Because when the patent attorney
gives you his or her opinion about the search, then the patent attorney will be liable for
the opinion and if you run into trouble later on then you can be a little safer. Also the
patent attorney has a deep knowledge of the caselaw surrounding trademarks. So he can
easily tell you whether certain trademarks will be considered similar by courts, or whether
certain goods and services will be considered similar. you can get a much better and more
reliable impression of whether your name that you want to use in the future is safe or not. Please feel free to like this video, post
you questions in the comments, and share this video with your friends. Subscribe to my channel.
And as always: Reap your ideas!

Comments 11

  • Good Tutorial. Very clear. Thank you.

  • Well done!
    Great Tool and great explenation … Channel subscribed!
    Thank you.

  • Sehr gute Basisinfo, vielen Dank!

  • Thanks! Help me a lot. But still i have a question, can you tell. I want to register myself a UK trademark as individual or company, but i do have a UK living address, because i am living outside EU. So in this case, what can i do?
    Thanks in advance for your reply.

  • Dear Rolf, I really enjoy watching your channel. A small question, why is it a "non licensed attorney / patent attorney is liable for what you do with the search" and ask help from patent attorney? Any legal basis? Many thanks! Qiushi

  • Danke für das informative Video!
    Eine Frage zu der Ähnlichkeit von Marken:
    Ich möchte unter einer Marke mit dem Namen "Lavie Shape" verkaufen. Jedoch habe ich jetzt bei meiner Recherche herausgefunden, dass es bereits viele ähnliche Marken in der gleichen Nizza Klasse gibt wie "lavie, lavis lavie, lavie en rose"

    Stellt dies ein problem dar, wenn ich unter dem Namen "Lavie Shape" verkaufen möchte?

    Vielen Dank und weiter so!

  • Thanks for share Rolf!

  • Thanks for the very useful information, it helped a lot.
    I just have a quick question, for example if there is a brand name schönkind can i use shonbaby?
    which has similarities and its a translation of the word?
    Thanks

  • I love all your videos. I find them very easy to follow and very informative!

  • hello dear Rolf, i have a question about trademark !!! sometimes when search for a word i found multiple trademark with a different reg number and serial. can y please explain that!! if i m not wrong thatmean y can register any words even if they already tradmarked.

  • Thank you for your valuable knowledge. A few days before I have contacted a trademark registration agency Regimark to verify about registration. But, how can I trust it is good or fake.
    Guide me.

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