Check trademark Its developers can independently check its uniqueness using special services. To do this, the name of the designation is entered into the search bar on the server, and the future owner of the technical specification receives a result that will show whether the designation is unique or not. The search is carried out, as a rule, in Russian and international databases, databases of domain names and registration applications.
For a more accurate search, it is important to indicate ICGS class (International Classification of Goods and Services, which contains 45 classes), making it possible to quickly and more accurately detect the marks of interest to the developer.
It should be noted that an independent online search, as a rule, is carried out only for word trademarks, and if there is a need to register a logo or a combined trademark, it is better to involve specialists.
Among the most commonly used databases for checking the uniqueness of a trademark are:
1. Information retrieval system FIPS (Federal Institute of Industrial Property). This office keeps records of all intellectual property in Russia and allows you to search not only for trademarks and well-known trademarks, but also for inventions, utility models, appellations of origin of goods, industrial designs, computer programs, databases, topologies of integrated circuits and classifiers. (https://searchplatform.rospatent.gov.ru)
2. Linkmark.ru database the most common online search database for trademarks. (https://linkmark.ru/?ysclid=m06evqhm1p834029939)
To search on the website for designations, including international registrations filed in Russia, you can use their name, image using Vienna Classification codes, number, as well as information about the copyright holder. The search on the site is carried out using several independent databases, among which are: registered trademarks of the Russian Federation and appellations of origin of goods; recognized well-known trademarks; international registrations extended to Russia; previously filed applications for trademarks of the Russian Federation and NMPT.
3. Global Brand Datebase
The global database allows you to access complete information about trademarks (trademark name, name and address of the owner, registration and expiration dates, class information, status and related documents). Thanks to this service, you can check the designation by trademarks, the registry of domain names (in the ru, su and rf zones) and the database of legal entities, it provides access to the international and Russian trademark databases, and also offers search tools for studying information about trademarks and identifying potential conflicts, tracking applications for trademark registration.
The database also provides information about trademarks registered within Madrid System for the International Registration of Marks , INN (International Nonproprietary Names) from WHO, collection of the European Union Intellectual Property Office (EUIPO).
It should be noted that this service supports multiple languages, allowing users to search by keywords, brand names, owner names, allowing the user to search for trademarks using local or international terminology.
A unique feature of this global database is the ability to search by image, which is important for trademark professionals and brand owners when identifying potential infringements.
What to do if a confusingly similar trademark is discovered?
Most newly created trademarks require modification, since they are either confusingly similar to existing designations, and therefore do not meet the criterion of uniqueness, or do not have distinctiveness (protectability).
In this case, it should not be submitted for registration, since in any case a refusal will be received from Rospatent, which means time is lost and financial opportunities are lost. Changing a trademark name may also be associated with time and financial costs and delayed entry into the market.
To avoid this, you can ask the copyright holder of a similar mark to give permission to register his designation, if the existence of two marks does not mislead the consumer. Consent is obtained for a fee or free of charge by agreement.
You can also finalize the designation with a patent attorney, for example, you can make a combined trademark by adding a graphic image.
In conclusion, I would like to note that services for self-checking a trademark, unfortunately, do not give one hundred percent results - with their help you can do a preliminary check, assess risks, and get acquainted with a wide field of trademarks. However, in order to perform a more accurate check, you need to involve a patent attorney who knows the specifics of the legislation of the Russian Federation and legal practice, and can also use the most complete, but closed databases for searching.
