Exact-match or similarity search: choosing the right scope

Start with your next decision

With an early shortlist, you may first want to identify obvious overlaps. A limited screening search can help narrow the candidates and prioritise further work. Its value lies in that initial orientation. An apparently unremarkable result does not amount to clearance for filing or use.

When ordering packaging, preparing a campaign or choosing a core business name, missed similarities may have greater consequences. A broader scope may then be appropriate. Consider the open questions: the identical name, similar-sounding signs or several markets? A longer report is useful only if it covers those questions.

Identical names and close variants: the first level

An exact-match search starts by asking whether the same sign appears. A practical screening exercise may also include very close name variants, such as a hyphen or a small spelling change. The label alone therefore does not define the full scope: ask which variants and registers are included.

Our fictional, unsearched example is VELUNARO. VELU-NARO or VELUNARRO would be possible variants to discuss. This illustrates search questions, with no claim about real marks, availability or likelihood of confusion. The variants considered depend on the agreed scope.

The DPMA expressly states that DPMAregister does not provide a similarity search. Matching elements can be searched, but that register query does not automatically answer the broader similarity question. DPMA: Trademark searches

Broader similarity: more than different letters

Similarity questions can concern appearance, sound and meaning. The weight of those aspects also depends on the goods and services context. The EUIPO guidelines on similarity explain that relationship.

For the fictional VELUNARO, a search question might be whether VELUNERO deserves closer attention despite its different vowels. Simply counting different letters would not fully answer that question. A shared word element is also an initial search lead rather than a final legal conclusion.

Searching more broadly means making sense of additional findings. A long list without explanations has limited value. The report should explain the connection being investigated and the supporting information. A search method can identify possible neighbours; that does not produce a universally valid probability of conflict.

Goods and services put the name in context

Describe what you actually offer. “Software” leaves open whether you mean downloadable applications, an online service or development work for third parties. A specific description makes clear which offerings should be compared with the goods or services attached to a finding.

Nice classes organise goods and services. Sharing a class does not itself establish similarity, while different classes do not automatically rule it out. EUIPO: Definition of goods and services

Provide any existing classes together with the actual wording. If your offering later expands, check whether the original search brief still covers those products or services. A report for a narrowly described offering will not necessarily answer the questions raised by a broader business model.

Territories, protection and status belong in the scope

“Europe” or “worldwide” is often too vague for planning. Name your target markets and intended protection territory. For marks with effect in Germany, the DPMA points to EUIPO and WIPO databases alongside its own register. DPMA: Search guidance

A large database does not mean complete coverage of every country. WIPO advises that searches in its Global Brand Database may need to be supplemented by national or regional registers. WIPO: Global Brand Database

DPMAregister shows the legal and procedural status of findings. Distinguish an application, a registration and a record of a formerly protected right. DPMA: DPMAregister

International registrations require attention to protection status in the individual designated territories. WIPO explains this territory-specific check in Madrid Monitor. Record the source and access date: a findings list is a snapshot. Unclear status information should remain visible as an unresolved question.

Compare Quick, Standard and Pro on their stated scope

TrademarkIQ’s current package description distinguishes the levels as follows. This table describes the offered research scope and does not promise trademark availability.

Standard is concise in presentation without omitting important results. Relevant findings, known corrections and material uncertainties belong in both reports. Pro sets out the analyses and evidence in greater detail; extra countries or special checks must be agreed.

What the result can help you decide

An understandable report can show which names were examined more closely, their goods or services and the questions that remain open. A finding calls for examination. It does not automatically mean your project must fail; an empty list likewise is not permission to use the name.

EUIPO states that even its own similarity report is not exhaustive and that a mark could be challenged despite returning no results. EUIPO: Search availability FAQ

Legal assessment is separate and specific to the relevant countries. Whether a finding affects filing or use, and how you should respond, requires assessment of the individual situation. The EUIPO guidelines identify several interacting factors; the name alone does not decide the matter. EUIPO: Comparison of signs

View the scope and choose your next step

Open the public sample report and compare the information you need for your next decision. You can then use the package selection to choose a level and provide your mark, goods or services and target territories. Pro also requires confirmation of the additional questions.

Your checklist

• Identify your next decision and its commercial consequences.
• Record the exact name and relevant spelling variants.
• Describe specific goods or services alongside any classes.
• Specify target markets and intended protection territory.
• Confirm package limits and additional questions for Pro.
• Address unresolved findings and legal questions separately.

Common questions