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Brand New Intellectual Property

Before launch · Trademark availability search

Find out if your name is free before you invest in it

An availability search checks the national, EU and international trademark registers and ends with a written opinion on your chances of registration. You do it before filing, ideally before you print packaging or pay for a website. That way you don't lose fees and months of waiting on an application that ends in an opposition or a refusal.

We search the OSIM, EUIPO and WIPO registers for identical and similar marks and give you a written opinion on the risks.

Your first consultation is free.

Who it’s for

This is for you if…

  • You've picked a name and want to use it on products, as a company name or as a domain
  • Your agency has proposed a shortlist of names and you need to choose one
  • You want to enter the EU market with a mark already registered in Romania
  • You've spotted a competitor with a similar name and want to know if it's a problem

What’s included

What we do for you

  • Searches of the national (OSIM), EU (EUIPO) and international (WIPO) databases
  • Matching on spelling, sound and meaning, including variants with swapped letters
  • A check of the relevant Nice classes and of related goods and services
  • Analysis of the results by our specialists
  • A written opinion setting out the risks we found and our recommendation
  • Alternatives if the risk is high: a different mark type, a narrower list of goods, another name

How it works

The steps, one by one

  1. Step 1: Send us the mark

    The name, the logo if there is one, your goods or services and the countries you care about.

  2. Step 2: The search

    We search the OSIM, EUIPO and WIPO registers for identical or similar earlier marks in the relevant classes. An EU or international mark that covers Romania counts as an earlier mark just like a national one.

  3. Step 3: The analysis

    We compare the signs and the goods the way an examiner would, or the owner of an earlier mark deciding whether to oppose.

  4. Step 4: The written opinion

    You get our conclusion and recommendations. If the way is clear, we can move straight to filing.

Trademark availability search

Why the search is worth it

OSIM doesn't check on its own whether earlier similar marks exist. Their owners raise it, through an opposition, after your application is published. So you can pay the fees, wait a few months and then face an opposition a search would have predicted. A lost opposition means lost fees and sometimes a rebrand.

Trademark availability search

What a search can't guarantee

No search gives 100% certainty. Applications filed in the last few weeks may not show up in the databases yet, and someone can claim priority from an application filed in another country within the past 6 months. Some rights don't appear in trademark registers at all, such as a business that has used the name for years without registering it. Our opinion tells you how big the risk is; it doesn't make it disappear.

Frequently asked questions

Questions about trademark availability search

Can I check myself whether a trademark is available?

You can run a free first search in TMview, the database that brings together the registers of OSIM, EUIPO and other national offices, or in the WIPO Global Brand Database. If you find exactly the same name in your class, you have your answer. Similar marks, ones that sound alike or mean the same thing, are harder to judge. That's where analysis by someone who handles oppositions every day helps.

What do I get from an availability search?

You get a written opinion listing the earlier marks that could cause trouble, the estimated risk for each, and our recommendation: file as is, adjust the list of goods, change the mark type or pick another name. How many countries and classes the search covers is something we agree together at the free consultation, based on your plans.

If you find a similar mark, can I still register my name?

It depends on how similar the signs are and whether the goods or services overlap. The same name can coexist in unrelated classes, for example for cosmetics and for transport services. Sometimes the answer is a narrower list of goods or a coexistence agreement with the owner of the earlier mark. Our written opinion tells you which route makes sense for you.

Why search if OSIM examines the application anyway?

OSIM's examination looks at absolute grounds for refusal, such as a name being descriptive or misleading. It doesn't raise other owners' earlier marks on its own. Those only surface through an opposition after the application is published, when the fees are already paid. A search shows you that risk before filing, while you can still change the name at no cost.

How long does a trademark availability search take?

It depends on the number of countries and Nice classes, and on how common the name is. A search for Romania and the EU in a few classes is quicker than one covering ten countries. We confirm the exact turnaround once we have the details of the mark, before we start work.

Let’s talk about your trademark.

The first consultation is free. We’ll tell you honestly what can be protected, how and what it costs, before you pay anything.