How to Check If a Trademark Is Already Registered: Your First Steps

Why a Trademark Search is a Non-Negotiable First Step

Coming up with the perfect name for your business or product feels like a huge win. You’ve found something that feels not only creative and memorable, but also captures the vision of what you’re trying to build.

Before you go and buy the domain though, there’s a critical step you can't afford to skip: checking if that name is already a registered trademark.

Rather than spending months building your brand only to receive a cease and desist letter, a thorough trademark search is your first line of defence helping you to:

• Avoid legal disputes: It prevents you from accidentally infringing on someone else's intellectual property
• Save time and money: The cost of a preliminary search is tiny compared to the cost of rebranding or a legal battle
• Secure your brand identity: It ensures the name you’re investing in is truly yours to own and protect

This guide will walk you through the DIY steps for a preliminary search. While it's not a substitute for professional legal advice, it's an essential due diligence step for every founder.

Each jurisdiction has its own search functionality. We’ve broken this guide down by market, and while your home market should always be your first port of call, it’s worth checking in any markets you plan on expanding into as well.

Before You Start: Understanding Trademark Classes

The first thing to know is that trademarks are registered for specific categories of goods or services. You can’t just trademark a name for “everything”. These categories are defined by an international system called the Nice Classification (pronounced like the city in France, not like the word nice!), which groups all goods and services into 45 distinct “classes.”

This is why you can have Dove soap (Class 3) and Dove chocolate (Class 30). They share a name, but because they operate in completely different classes, consumers are unlikely to mix them up.

Before you start your search, you need to identify which classes are relevant to your business. The WIPO has a helpful search tool to find the right classes for your goods or services. Jot down the class numbers that apply to what you do now, and what you might expand into in the future.

How to Check Trademark Availability in the UK

If you’re primarily operating in the United Kingdom, your first port of call is the UK Intellectual Property Office (UKIPO) database. It’s a free, powerful tool that lets you search all existing UK trademarks.

Using the UKIPO's Online Search Tool

Here’s a simple process to follow:

1. Navigate to the search page: You can find the official tool on the GOV.UK website. From there you can ‘Search by keyword, phrase or image’, which is generally the best place to start for a broad search.
2. Choose your search type: You’ll see several options. For a first pass, the ‘Similar’ search is your best bet. An ‘Exact’ search is too narrow and might miss phonetic spellings or slight variations that could still block your application.
3. Enter your proposed name: Type your name into the search box. Try a few variations, with and without spaces, and any common misspellings.
4. Filter by class: Enter the class numbers you identified earlier. This will narrow the results to only those that are relevant to your business, saving you from wading through hundreds of irrelevant marks.
5. Analyse the results: Look for marks that are identical or confusingly similar to yours, both in name and in the goods/services they cover. Pay close attention to the ‘Status’ of the mark: ‘Registered’ or ‘Application Published’ are the ones to be most wary of.

How to Check Trademark Availability in the EU

If you have ambitions to trade in the EU, or if your name is generic enough that a European counterpart could exist, you must also check the EU database. The EUIPO maintains a database for all 27 EU member states. Due to common market regulations, any trademark registered in one EU country automatically applies in all other member states as well.

Navigating the EUIPO's eSearch Plus

The process is very similar to the UKIPO search.

1. Access the tool: You’ll use the EUIPO’s eSearch plus tool
2. Use Advanced Search: For a thorough check, select 'Advanced Search'. This allows you to search specifically for the 'Trade mark name' and filter by 'Status' (ensuring you see both live registrations and pending applications)
3. Search for Similarities: Like the UK search, don't just look for exact matches. The EUIPO tool allows you to search for 'Similar' terms to catch phonetic or visual variations
4. Filter by Nice Classes: Input your relevant class numbers to ensure you are viewing marks within your industry
5. Cross-reference with TMview: To be extra diligent, use the TMview tool. This tool includes trademarks from national offices across the EU, not just those registered centrally at the EUIPO level

How to Check Trademark Availability in Australia

Trademark registrations in Australia are managed by IP Australia. Their database is highly intuitive and provides a clear picture of the domestic landscape.

Using the Australian Trade Mark Search

1. Navigate to the search page: Use the official Australian Trade Mark Search, and use the advanced search function
2. Perform a Quick Search: Start by entering your brand name. Ensure the "Word Stemming" box is checked, which will automatically find variations of your word (e.g., searching "Build" would also find "Builder" or "Building")
3. Apply Class Filters: Add your Nice Classes to the search criteria to narrow the results to your specific goods or services
4. Analyse Status Codes: Look for marks listed as 'Registered' or 'Pending'. If you find a mark that is 'Lapsed' or 'Removed', it may mean the name is back in the public domain, but always check the date of removal

How to Check Trademark Availability in Canada

The Canadian Intellectual Property Office (CIPO) manages the national register. Canada has recently updated its systems to align more closely with international standards, including the use of Nice Classes.

Using the Canadian Trademarks Database

1. Navigate to the search page: Access the official Canadian Trademarks Database.
2. Select Search Fields: From the dropdown menu, select 'Trademark' or 'Index Heading'.
3. Enter your name: Type your proposed name. If you have a two-word name, try searching with the "AND" operator to find marks containing both words in any order
4. Narrow by Class: Use the 'Nice Classification' field to filter your results. Note that older Canadian registrations may not have classes attached yet, so a broader name search is often wise in this market
5. Check the 'Action History': If you find a similar mark, click into it to see the full history. This shows you if the trademark was ever contested or if the examiner raised specific objections

How to Check Trademark Availability in New Zealand

In New Zealand, the Intellectual Property Office of New Zealand (IPONZ) provides a very founder-friendly set of tools for preliminary due diligence.

Using the IPONZ Online Tools

1. Start with the 'Check' Tool: For a quick "at-a-glance" result, IPONZ offers a Trade Mark Check tool. This uses a traffic light system to tell you if a name is likely to be available
2. Perform a Formal Search: For a deeper dive, use the Search Trade Marks database
3. Search by 'Search String': Enter your brand name here. Ensure you toggle the 'Search Type' to 'Similar' to catch names that sound or look like yours
4. Filter by Class: As with other regions, filter by your specific Nice Class numbers
5. Review Results: Check for 'Registered' or 'Accepted' marks. In NZ, an 'Accepted' mark is one that has passed examination but hasn't yet reached full registration—it still poses a significant block to new applications

Common Pitfalls to Avoid in Your Search

A simple search for an exact name isn’t enough. Trademark law is concerned with the “likelihood of confusion” in the mind of the consumer. Here are a few traps to watch out for.

1. Only Searching for the Exact Name

Your biggest risk isn't just an identical name; it's a similar one. Examiners will look at phonetic, visual, and conceptual similarities. Think about:

• Alternative spellings: A search for “Wizebirds” should also include searches for “Wisebirds” or “Wizebirdz.”
• Phonetic equivalents: “For U” could be considered similar to “4U.”
• Similar concepts: A brand called “Starlight” might have trouble if “Starlite” is already registered in the same class

2. Forgetting About Unregistered Rights

In some markets including in the UK, a business can build up rights in a name simply by using it over time, even without a formal registration. This is known as the tort of “passing off.” If another company has been trading under a similar name for years and has built a reputation, they could potentially stop you from using yours.

Actionable Tip: Your search shouldn’t stop at the official databases. Do a thorough Google search, check social media handles, and search the Companies House register to see if anyone else is actively using your name in your industry.

3. Ignoring Similar Goods or Services

Don't just look at marks in your exact class. Consider adjacent classes. If you’re launching a new software app (Class 9), you should also be aware of trademarks for related IT consultancy services (Class 42). If a consumer could reasonably think the two products or services come from the same company, there might be a conflict.

The Search is Clear. What's Next?

If your preliminary searches come back clear, that's fantastic news! It's a strong indicator that your name is available. The next step is usually to file your trademark application.

But remember, registration isn't the end of the journey. Protecting your brand is an ongoing process. Once your trademark is registered, you need to monitor the official registers for new applications that might be too similar to yours, giving you the chance to oppose them before they become a problem.

This is where a monitoring service, like our own Wizebirds Shield, becomes invaluable. It automatically watches the registers for you and alerts you to potential infringements, so you can act before a competing mark gets approved and starts to dilute your brand. It’s the smart, simple way to defend the brand you’ve worked so hard to build.

This article is for informational purposes only and does not constitute legal advice. Trademark law is complex and jurisdiction specific. Please consult a qualified intellectual property attorney for advice specific to your situation.