A preliminary trademark search is a crucial step in the trademark registration process.
Why is a preliminary search a legally recommended step?
Technically, Ukrainian law does not mandate conducting a trademark search prior to filing. However, the absence of a formal requirement does not mean that this step can or should be skipped. In practice, filing an application without a prior search often leads to:
- increased risk of refusal due to conflicts with earlier-filed or registered trademarks;
- a high likelihood of opposition from third parties;
- additional expenses related to re-filing, responding to objections, rebranding products, or modifying a trademark strategy.
Important: If you are not a native speaker of Ukrainian, working with a local IP attorney before filing a trademark application is highly recommended. Some Ukrainian words may appear distinct at first glance, but can be semantically or phonetically similar, especially due to puns or local linguistic nuances.
Types of Searches We Conduct
The IPSTYLE team provides several types of searches and analyses:
- Word (Verbal) Search – identifying identical or confusingly similar trademarks (phonetic, semantic, or visual similarity) already registered or filed.
- Image (Device) Search – using tools to detect visually similar logos or graphic elements.
- Combined Search – a combination of word and visual analysis, especially useful for complex marks.
- Comprehensive Search – involves analysis not only of official databases but also of additional sources, such as:
- company registries;
- social media;
- corporate websites;
- online marketplaces;
- domain name databases.
The comprehensive search is particularly valuable for brand launches on the Ukrainian market.
Regardless of the search type, a Preliminary Trademark Search with IPSTYLE includes:
- analysis of a large number of potentially conflicting trademarks from official databases;
- a detailed report listing all identified marks, including a thorough legal analysis, a clear explanation of potential risks, and practical next steps;
- risk assessment that goes beyond trademark similarity – we also consider owners’ activity, legal and business threats, and online presence of similar names;
- legal advice on planning the next steps for the registration process.
Search timeframe:
- Standard: 8 business days
- Accelerated: 4 business days
Conducting a search in advance also makes it possible to prepare for possible scenarios, such as:
- responding to provisional refusals;
- filing oppositions against third-party applications;
- negotiating coexistence agreements;
- adjusting branding or the mark for specific jurisdictions.
A preliminary search is not just about checking for similarity — it’s about evaluating how that similarity might affect registration. Are there grounds for refusal? What are the chances of overcoming an objection? What is the strength of our position if a dispute arises? We go beyond identical matches and assess practical use, registry practice, and owner activity. It’s a comprehensive legal review.
IPSTYLE’s Partner and Attorney-at-Law
Conclusion
A preliminary trademark search is a form of legal due diligence that ensures:
- reduced legal risks;
- an informed and well-grounded strategy;
- cost and time efficiency.
In a world where thousands of trademark applications are filed daily, this step has become essential for a professional and secure IP strategy.