Trademark Verification – Why You Shouldn’t Procrastinate

• Trademark Verification – When is it Necessary?
• Trademark Check
• Trademark registration check
• Trademark check online

In today's dynamic economic environment, the market is oversaturated with businesses operating in similar sectors with very similar names and identities. The risks of unfair competition, misleading consumers and the spread of counterfeits make the legal protection of the brand more critical than ever. A trademark is not just a symbol, but an asset that guarantees the exclusive right to use and protects the reputation of each company.

Trademark examination is the first and most important step in the mandatory process of trademark registration. It is not a formality, but a strategic study that establishes whether the chosen sign is identical or similar to pre-existing third-party rights. Skipping this stage can lead to business shutdowns, financial losses from rebranding, and severe litigation. Timely verification is the only way to ensure legal certainty before investing in marketing.

Trademark Verification – When is it Necessary?

Preliminary research is a mandatory element of any company's legal strategy, ensuring that the chosen sign and words are free for use and registration. There are specific stages in the business life cycle in which this check becomes particularly imperative to avoid conflicts with pre-existing rights.

• In long-term planning of the activity: when the business is already established but plans to add new goods or services to its portfolio under the same brand.

• When entering new markets: when the company undertakes international expansion and needs to make sure that the brand is not taken in the relevant countries.

• For large-scale marketing campaigns: before investing a significant budget in advertising, to eliminate the risk of the campaign being forced to stop due to infringement of another's trademark.

• When rebranding: Changing the name and/or logo requires detailed analysis so that the new design does not end up in direct conflict with established competitors.

• When starting a new business or registering a company: the moment of highest urgency. It is extremely critical that the verification be carried out before the business is legitimized and the products are launched on the market, in order to prevent fatal legal mistakes from the very beginning.

The data shows that while registrations are growing at a moderate pace, litigation for unauthorized use has increased by over 37% over the three-year period. 

The business environment in our country is becoming increasingly aggressive and the lack of prior verification has increasingly tangible consequences for start-up companies. 

Trademark Check

The verification of an already registered trademark, known in the legal world as trademark monitoring (surveillance), differs significantly from the initial investigation. While the preliminary check aims to determine whether your mark is available, periodic monitoring checks whether third parties are trying to register or use similar marks that could imitate your brand or mislead your customers. 

Patent offices are not obligated to ex officio reject new applications if they conflict with your trademark – the responsibility for protection and filing an opposition lies entirely with the owner.

This process protects businesses from the "silent" emergence of direct imitators and counterfeiters who take advantage of your reputation. Without systematic review, you risk missing the legal 3-month opposition period., after which the foreign trademark is successfully registered and challenging it becomes much more difficult and expensive. 

We recommend that monitoring be done monthly., as official bulletins are issued regularly. Maintaining such periodicity ensures that you will react in a timely manner and keep your exclusive rights intact.

Trademark registration check

The trademark registration verification process is a complex legal and factual investigation. This process requires a precise analysis of existing registers in order to minimize the risks of refusals or future legal claims. What are the specific stages of such a verification?

Identification of classes of goods and services 

The first step is to determine the scope of protection according to the International Classification of Goods and Services (Nice Classification). A trademark does not exist in isolation, but is registered for specific economic activities, divided into 45 classes. Their correct determination is key to the accuracy of the subsequent search.

Search for identity and similarity 

A detailed search is carried out in the databases of the Patent Office of the Republic of Bulgaria, the European Union Intellectual Property Office (EUIPO) and the World Intellectual Property Organization (WIPO). It checks not only for completely identical signs, but also for visually, phonetically or semantically similar marks. This is the most critical point, as similarities often lead to a "likelihood of confusion" for consumers, which is a legal basis for refusal.

Analysis of absolute grounds for refusal 

In addition to conflict with foreign rights, the trademark is also checked for compliance with the law. The trademark must not be descriptive (for example, the word "apple" for the sale of apples), misleading about the quality of the goods (for example, the term "eco" or "bio" for products with a chemical composition) or contain state symbols (incorporation of the national flag, the coat of arms of the Republic of Bulgaria or the logo of an institution). This analysis ensures that the trademark has the necessary distinctiveness to be registered.

Trademark check online – quick and easy

Online verification is the most accessible and convenient way for any business to receive instant data on the status of a brand and potential conflicts in the registers. Thanks to digitalization, the initial survey no longer requires time-consuming procedures, but can be completed with a few clicks from any device.

Modern and easy to use IPfabrika online search engine offers an intuitive interface for a quick reference. Our accessible digital tool allows users to enter their brand name and find out if it is available for registration. 

The search engine searches huge data sets, drawing information directly from the official databases of the Patent Office of the Republic of Bulgaria, EUIPO and WIPO. The system generates a detailed list of results, which includes:

• Graphic image: visualization of the logo if the brand is combined or figurative.

• Name: the exact textual spelling of the detected characters.

• Goods and services: the numbers of the Nice Classification classes for which the mark is protected.

• Application date and status: information about when the application was filed and whether the trademark is in the process of being registered or has already been officially registered.

• Application/registration number and applicant: a unique identification number and the name of the company or person who owns the rights.

It is important to emphasize, however, that while online checking is an excellent starting point, detailed legal analysis remains the most sound strategy in the long term. 

For complete security and avoidance of hidden risks, the team of lawyers and jurists at IPfabrika provides the opportunity to request a detailed professional study prepared by experts in the field of intellectual property. Contact us for more information.

Security issue

In a world where ideas are copied in seconds, a trademark is the only real barrier between your success and unfair competition. Postponing its verification and protection is a risk that could turn your years of efforts into a legal case with an uncertain outcome. 

Don't leave your future to chance. Use IPfabrika's intuitive tools to check your brand now and get the peace of mind you deserve. Your identity is your capital - protect it professionally.