Instruction: How to Conduct a Trademark Preliminary Search Yourself

Preliminary TM Search: Your First Step to Brand Protection

Filing a trademark application without a preliminary search is a risk of losing months of waiting and thousands of hryvnias in fees due to rejection. A preliminary trademark search is not a formality, but a mandatory stage that allows you to assess your chances of success before you even start. In this guide, we will walk you through how to check your brand yourself using free government databases and explain the pitfalls of this process that only a specialist can identify.

Why Conduct a Search Before Filing an Application

Before you spend time filing an application and paying government fees, it is important to understand whether your name and logo are available. As we explained in detail in our article on general brand protection strategy, ignoring this step is one of the most common mistakes that leads to financial losses. A preliminary check helps identify potential conflicts with existing marks and assess whether your designation meets legal requirements. Let’s break down exactly what grounds for refusal the examination focuses on.

Absolute and Relative Grounds for Refusal

The examination of your application at the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) checks it against two key groups of criteria. Understanding this logic will help you conduct a self-search more effectively.

• Absolute grounds for refusal. These are internal flaws of the designation itself that prevent it from being a trademark in principle. For example, if your name directly describes the product (“Tasty Cheese” for cheese), is a generic term, or is contrary to public order. Such marks lack distinctiveness and therefore cannot belong to a single company.
• Relative grounds for refusal. These are conflicts of your designation with the rights of third parties. Most often, this refers to identity or similarity to the point of confusion with trademarks that are already registered or filed for registration by other companies for similar goods or services.

A self-conducted preliminary search is aimed specifically at identifying potential “relative” conflicts. Assessing absolute risks is more difficult, as it requires deep analysis. To understand which designations are risky a priori, we recommend reading about the concept of “weak” brands in our article on risks of working without a TM. Now, let’s look at the tools that will help you find similar designations.

Overview of Free UANIPIO Databases

For a self-check of a trademark, you will need the official tools provided by UANIPIO. The key resource is the unified state online system, which allows you to access the necessary information for free. It is important to understand exactly what data you will be working with.

The main search tool is the UANIPIO Special Information System (SIS). This portal combines several key databases, and for an effective check, you need to consider information from two sources:

• Database of registered marks for goods and services in Ukraine. This contains information about all trademarks that have already received a certificate and have legal protection. This is your first line of defense against direct matches.
• Database of applications for marks for goods and services. This is arguably the most important part of the search. This database contains applications that have not yet passed examination but already have priority. If someone filed an application similar to yours a day earlier, their rights will be prioritized, and you will most likely receive a refusal. Ignoring this database is a common mistake that leads to a false sense of security.

The SIS system allows you to search both registers simultaneously, which significantly simplifies the process. The main thing is to correctly configure filters and formulate search queries. Once you understand where to look, the next logical step is to determine exactly what to enter into the search bar.

How to Check a Brand Name: A Step-by-Step Guide

Now that you know which tools to use, let’s move on to practical steps. A brand name is its key identifier, and any intellectual property protection for entrepreneurs begins with checking it. In this section, we will walk you through how to search for a verbal designation to identify potential risks before filing an application.

It is important to emphasize immediately: our guide will help you filter out obvious matches and get a basic idea of the situation. However, it will not replace a professional search. The complexity lies not only in finding identical marks but also in analyzing designations that are “similar to the point of confusion,” which requires experience and access to specialized paid databases. Full trademark registration from lawyers always includes such an in-depth analysis. Below, we will look at three key stages of a self-check: from formulating queries to analyzing results.

Step 1: Formulating Search Queries

The effectiveness of your check depends directly on how thoroughly you prepare a list of options for the search. Limiting yourself to just the exact spelling of your name is a guaranteed way to miss most potential threats. The UANIPIO examination evaluates not only visual but also phonetic (sound) and semantic (meaning) similarity. Therefore, your task is to anticipate all possible variations that a consumer could confuse with your brand.

To ensure you don’t miss anything, we recommend creating a table with all possible variations of your name’s spelling and sound. This will help systematize the process and conduct a truly comprehensive trademark check.

With such an expanded list, you are ready to start working with the database itself. The next step is to correctly apply filters to narrow the search to relevant results.

Step 2: Using Database Filters

With a full list of search queries in hand, you are ready to work with the UANIPIO Special Information System (SIS) interface. Correctly setting up filters is the key to getting a relevant sample and not drowning in thousands of irrelevant results. Let’s look at this process step-by-step.

1. Setting Search Parameters

On the main search page, you need to specify key criteria. The system searches both registered TMs and filed applications simultaneously, which is an advantage.

[Screenshot: Advanced search interface in UANIPIO SIS with highlighted fields]

• “Name” field (540): Here you enter each of the prepared options one by one (e.g., “Sunshine”, then “Sanshain”, etc.).
• “NICE Index” field (511): This is the most important filter. Trademarks are registered for specific goods and services, grouped into 45 classes according to the International Classification of Goods and Services (NICE). You need to specify only those classes in which you plan to operate. For example, if you manufacture clothing, your class is 25. If you provide educational services, it is 41. Entering NICE classes filters out all TMs with a similar name registered for completely different areas (e.g., TM “Star” for candy will not interfere with TM “Star” for an auto repair shop).

2. Applying Additional Filters

For a more precise trademark check, you can use other options, although for a basic search, the name and NICE classes are usually sufficient.

[Screenshot: Additional filters in SIS, e.g., by date or mark type]

• Mark type: You can specify that you are looking for verbal designations only. This is useful if your name is a common word and you want to exclude combined marks where this word is just an unprotectable element.
• Application date: This filter can be useful for monitoring new applications from competitors, but for an initial check, it can be skipped.

After entering the search query and specifying relevant NICE classes, click “Search”. The system will provide you with a list of all applications and certificates that meet your criteria. The next stage is the most critical: correctly interpreting the data obtained.

Step 3: Analyzing the Results

Once the system has provided you with a list of results, the analysis stage begins. It is not enough to just see that there are similar names; it is important to understand whether they pose a real threat to your registration. To do this, you need to carefully study the card of each found mark or application.

Here are the key parameters to pay attention to first:

• Mark status. This is the very first indicator. If the status is “Certificate validity terminated”, this mark no longer poses a threat to you. If it is “Registered” or “Active”, it is a current competitor. The most dangerous status is “Application proceedings”. This means that someone filed an application before you, and it has priority. Even if it is not yet registered, its existence is a valid ground for refusing you.
• List of NICE classes. Compare the classes for which the found mark is registered with yours. If the classes match completely (e.g., both you and they have class 25 for clothing), the risk is maximum. If the classes are different but related (e.g., class 29 – dairy products, and class 30 – coffee and confectionery), the examination may consider them homogeneous, which will also create a problem.
• Owner. Look at who owns the mark. Is it a large international corporation or a local entrepreneur? Is it your direct competitor working in your city, or a company from another field? This information will help assess the likelihood of potential claims in the future.
• Mark image. Even if you searched for a verbal designation, pay attention to the graphics. Perhaps the word you are looking for is part of a combined logo and is executed in a small, non-primary font. In that case, its impact may be smaller.

Analysis example. Imagine you want to register TM “CRYSTAL” for drinking water (class 32). During the search, you find a registered TM “CRISTAL” for the production of non-alcoholic beverages (also class 32). Despite the difference in one letter, the marks are phonetically and visually similar to the point of confusion, and the goods are homogeneous. This is a direct ground for refusal. Your actions are either to change the name or prepare to prove your case, which is a complex and expensive process. Understanding such nuances is a key part of what trademark registration provides: it gives the owner the right to prohibit the use of similar designations.

After a thorough analysis of the verbal part of your brand, it is time to move on to its visual component, as the logo requires no less careful checking.

Logo Check: Features and Tools

We have figured out how to check the name, but a brand is not just a word, it is also a visual image. A non-unique logo can be just as much a reason for refusal of registration as an occupied name. However, checking a trademark by image is a much more complex process than searching by words. You cannot simply upload a picture to a search engine and get a list of similar logos.

The complexity lies in the fact that a special coding system is used for searching graphic elements — the Vienna Classification. It “breaks down” any image into standardized elements, each of which is assigned a digital code. It is by these codes that the search is carried out. In this section, we will explain what the Vienna Classification is, show you how to determine codes for your logo, and how to use them for searching in UANIPIO databases. Finally, we will offer a checklist for the final analysis of found visual designations so that you can comprehensively assess the risks. And once your brand is securely protected in Ukraine, you can plan further development, which we discuss in our article on international TM registration.

What is the Vienna Classification of Images

Unlike a name, a logo cannot be “googled”. For the systematization and search of images, there is a special international standard — the Vienna Classification of the Figurative Elements of Marks. This is a hierarchical system that assigns unique digital codes to practically any graphic element, from geometric shapes to stylized animals and plants. It is by these codes that an official trademark check is conducted, and without understanding them, it is impossible to check a logo qualitatively.

The logic of the classification is to break down a complex image into simple components. For example, imagine a coffee shop logo: a stylized image of a lion holding a coffee bean, enclosed in a circle. To conduct a search, you need to determine codes for each element:

• Lion: Category 3 (Animals) → Section 3.1 (Lions) → Code corresponding to the lion’s pose.
• Coffee bean: Category 5 (Plants) → Section 5.13 (Coffee, cocoa) → Code 5.13.25 (Other parts of coffee or cocoa plants).
• Circle: Category 26 (Geometric figures and bodies) → Section 26.1 (Circles, ellipses) → Code 26.1.1 (Circles).

Thus, to search for similar logos, you will have to search by a combination of these codes. You can familiarize yourself with the full structure of the classifier in the official guide on the World Intellectual Property Organization (WIPO) website. Correctly determining the codes is the first and most important step for searching for visual matches, which requires attentiveness and an analytical approach. Once you have determined the key codes for your image, you can proceed directly to searching in the database.

How to Search by Codes in the UANIPIO Database

With a list of Vienna Classification codes in hand, you can start searching in the UANIPIO Special Information System. The process is similar to checking a name, but instead of a verbal query, you will use digital indices.

[Screenshot: Advanced search interface of SIS UANIPIO with highlighted “Vienna Classification Index (550)” field]

In the advanced search form, find the “Vienna Classification Index (550)” field. This is where you need to enter the codes you determined. You can enter multiple codes simultaneously to find marks that contain a combination of elements. But most importantly, do not forget to combine this search with a filter by NICE classes (field 511). This will allow you to search for similar images only among companies operating in your or related fields, and filter out thousands of irrelevant results from other industries.

However, it is worth remembering that a self-check of a trademark by image has significant limitations. You may miss similar logos if you incorrectly determined the code or if another mark is classified under close but not identical indices. An experienced specialist knows how to expand the search to related categories and how to interpret similarity not only at the element level but also by the overall impression, which is decisive for the examination. Therefore, such a search is more of a basic hygiene than a guarantee of uniqueness. To systematize what you have found, it is worth using the final analytical tool.

Checklist for Analyzing Found TMs

After you have conducted a search by name and logo and collected a list of potentially similar trademarks, you need to conduct a systematic analysis of them. To ensure you don’t miss anything and objectively assess the risks, use this checklist for each found TM. It will help structure your conclusions and make an informed decision.

• ☑️ Identity. Is the found mark an exact match for your name or logo? This is the most obvious and critical risk, which almost guarantees refusal.
• ☑️ Similarity to the point of confusion. Could a consumer confuse your brand with the one found? Assess visual (similarity of fonts, composition, colors), phonetic (similarity of name sound), and semantic (similarity in meaning) resemblance.
• ☑️ Intersection by NICE classes. Is the found mark registered for the same or related goods/services? Remember that the examination may consider even goods from different classes homogeneous (e.g., beer and snacks).
• ☑️ Mark status. Is the found mark active? Check its status: “Registered”, “Active”, or “Application proceedings” are high risks. If the status is “Certificate validity terminated”, there is no threat.
• ☑️ Mark owner. Who owns the similar TM? If it is your direct competitor actively working in the same market, the risk of future claims is significantly higher.

This checklist will help you conduct a basic trademark check and identify the most obvious obstacles. However, assessing “similarity to the point of confusion” always contains a subjective element and requires a deep understanding of UANIPIO practice.

Self-Search — Useful, But Not Enough

Our guide enables you to conduct a basic trademark check and filter out obvious matches before filing an application. This is an important step that helps avoid guaranteed refusals. However, as practice shows, the main risk lies not in identical names, but in marks “similar to the point of confusion”. Assessing phonetic, visual, and semantic similarity is a complex analytical process where a lawyer’s experience and access to professional tools are of decisive importance.

At stake are not only government fees but also months spent waiting for a decision and marketing investments in a brand that may not be registered. A professional check is not an additional expense, but a fundamental investment in the security of your business. It is a key element of intellectual property protection for entrepreneurs, allowing you to avoid much larger financial and reputational losses in the future.

To be absolutely sure of your brand’s uniqueness and minimize the risks of refusal, entrust the in-depth analysis and the full application support procedure to the BrandR team. We guarantee that your trademark will undergo a thorough check, and you will receive reliable legal protection for your business.