Before filing a European Union Trade Mark (EUTM) application, a thorough trademark search is the single most important step you can take to avoid costly conflicts. An earlier identical or similar mark can lead to an examination objection, a third-party opposition, or even post-registration cancellation.
EUIPO and its partner offices provide several free online databases that let you search existing trademarks across Europe and beyond.
Pro tip: Before diving into database searches, run a free trademark check through our platform for a quick initial assessment of your brand's availability across EU registers.
Why Search Before Filing?
Filing an EUTM without searching is like signing a lease without inspecting the property. Here is what a search protects you from:
- Opposition from earlier right holders. The 3-month opposition period means anyone with a prior right can challenge your application.
- Wasted filing fees. The EUIPO fee is €850 for one class, €50 for the second class and €150 for each further class, and it is not refunded if the application is opposed or withdrawn. Knowing your class count before you search tells you how much is at stake.
- Delayed market entry. An opposition can add 12 to 24 months to your timeline.
- Legal costs. The EUIPO opposition fee alone is €320 before any attorney time, and defending or settling an opposition costs far more than a pre-filing search.
A comprehensive search strategy combines multiple databases and search techniques. For what an EU filing costs all in, see our pricing page.
EUIPO's eSearch Plus Database
eSearch plus is EUIPO's primary search tool, covering:
- All EUTMs: pending, registered, expired, and cancelled
- International registrations designating the EU via the Madrid Protocol
- EUIPO decisions: opposition, cancellation, and appeal decisions
- Registered Community Designs (RCDs)
How to Search eSearch Plus
- Go to euipo.europa.eu/eSearch/
- Select "Trade marks" from the search type
- Enter your search term in the "Trade mark name" field
- Refine by:
- Nice Classification class numbers
- Trade mark type (word, figurative, etc.)
- Status (filed, registered, etc.)
- Owner name or country
- Review results for identical and similar marks
Search Tips for eSearch Plus
- Use wildcards: The asterisk (*) replaces any number of characters. For example, searching "TECH*" returns TECHNO, TECHNOLOGY, TECHSMART, etc.
- Search figurative elements: Use Vienna Classification codes to search for specific design elements in logos
- Check phonetic similarities: Search for phonetically similar spellings (e.g., "KLEEN" vs "CLEAN")
- Review expired marks: An expired EUTM may still have residual goodwill that a new application could conflict with
TMview: Searching National Registers Across Europe and Beyond
TMview is a collaborative tool maintained by EUIPO and the Trademark Network (TMDN). It aggregates trademark data from IP offices around the world, including every EU national office.
Why TMview Matters
An EUTM can be opposed based on an earlier national mark in any EU member state, not just earlier EUTMs. TMview lets you search national registers that would not appear in eSearch plus:
- German (DPMA), French (INPI), Spanish (SPTO), Italian (UIBM) marks
- Benelux (BOIP), Nordic, Central European national marks
- Marks from non-EU countries (US, UK, China, Japan, etc.) for comprehensive global clearance
How to Search TMview
- Go to tmdn.org/tmview/
- Enter your brand name or keywords
- Select the offices you want to search (e.g., all EU offices)
- Filter by Nice classes, mark type, status, and filing dates
- Review results, paying attention to marks in the same or related classes
The GTC advantage: Our EU trademark search service goes beyond free database tools, analyzing phonetic, visual, and conceptual similarity across all relevant jurisdictions, with an attorney's written opinion.
TMclass: Goods and Services Classification
TMclass is EUIPO's classification tool for finding accepted goods and services terms under the Nice Classification system. While not a trademark search tool as such, it is essential for:
- Determining your classes before searching. You need to know which classes to focus on, and Class Assist gives you a quick first answer.
- Finding harmonized terms: terms accepted across multiple EU offices
- Fast Track eligibility: only applications using TMclass-accepted terms qualify for EUIPO's Fast Track program
AI-Assisted Screening: Useful for Breadth, Not for the Decision
Search tools increasingly use AI to rank results by similarity, catch phonetic and transliteration variants across EU languages, and compare logos by image. Used well, this cuts a first screen from days to hours. Three rules keep it honest:
- Use AI for the knockout pass. Let it sweep eSearch plus and TMview results and rank near matches by similarity, class overlap, and territory.
- Do not let it make the call. Likelihood of confusion under EU practice turns on the goods, the average consumer in each market, and the reputation of the earlier mark. That is a legal judgment. AI tools can miss context or report a registry status that is simply wrong, so check every "clear" result against the register itself.
- Write down what you did. A short memo listing the databases searched, the date, the closest hits, and why you proceeded is what you will want if a dispute ever arises.
GTC's own search work pairs this kind of screening with attorney review.
Types of Similarity to Check
When evaluating search results, consider three types of similarity that EUIPO examiners and opposition panels assess:
1. Visual Similarity
How the marks look when seen side by side. Compare letter sequences, word length, shared prefixes or suffixes, and overall visual impression.
2. Phonetic Similarity
How the marks sound when spoken aloud. Marks spelled differently but pronounced similarly (e.g., "XERO" and "ZERO") can still conflict.
3. Conceptual Similarity
What the marks mean or evoke. Two marks with different spellings and sounds may still conflict if they share the same concept (e.g., "JAGUAR" and a jaguar logo).
The overall assessment combines all three types and weighs them against the similarity of the goods and services.
Building a Comprehensive Search Strategy
A thorough pre-filing search should include:
| Search Layer | Database | Coverage |
|---|---|---|
| EU-wide marks | eSearch plus | All EUTMs and EU-designating Madrid registrations |
| National EU marks | TMview | All 27 EU member state national registers |
| Global marks | TMview + WIPO Global Brand Database | Major non-EU offices for comprehensive clearance |
| Goods/services | TMclass | Classification accuracy and Fast Track compatibility |
Beyond Database Searches
Free databases have limitations. A professional clearance search also considers:
- Common law rights: unregistered marks with established goodwill
- Company names: trading names that may constitute earlier rights
- Domain names: relevant web presences that indicate prior use
- Phonetic analysis: algorithmic comparison tools that catch similarities humans might miss
Interpreting Search Results
Finding a similar mark does not necessarily mean you cannot file. Consider:
- Class overlap: are the goods/services in the same or related classes?
- Territory: is the earlier mark in a relevant EU territory?
- Status: is the mark still active, or has it expired or been cancelled?
- Genuine use: has the earlier mark been used in the last 5 years? (Non-use can be a defense in opposition proceedings)
- Coexistence potential: can the marks coexist in the marketplace without confusion?
When to Seek Professional Help
DIY searches are a good starting point, but they have limits. Consider professional assistance if:
- Your brand name is in a crowded field (common words, tech terms, etc.)
- You are filing in multiple classes across related goods and services
- Your mark includes a figurative element (logo) that requires visual comparison
- You need a freedom-to-operate opinion before investing in brand assets
- You are filing from outside the EU and unfamiliar with European trademark practice (our EU country guide covers the basics)
From Search to Filing
Once your search is complete and you are confident in availability:
- Finalize your goods and services classification
- Prepare your EUTM application via the EUIPO portal
- Consider Fast Track filing for accelerated processing
- Set up trademark monitoring after registration to catch conflicting filings early
Run a free trademark check to get started, or explore our EU trademark service for clearance and filing in one package.
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Frequently Asked Questions
Is the EUIPO trademark search free?
Yes. Both eSearch plus and TMview are free to use and publicly accessible. TMclass is also free. These tools cover EUTMs, EU-designating international registrations, and national marks from IP offices worldwide.
What is the difference between eSearch plus and TMview?
eSearch plus covers EUIPO-registered marks (EUTMs and EU-designating Madrid registrations). TMview aggregates data from many offices worldwide, including all EU national trademark offices, making it essential for checking earlier national rights.
Can I search for logo trademarks?
Yes. eSearch plus supports image-based search using Vienna Classification codes for figurative elements. TMview also supports figurative mark searches. However, visual similarity assessments are complex and often benefit from professional analysis.
How far back should I search?
Search all active marks regardless of filing date. Also check recently expired marks (within the last 2 to 3 years) as they may have residual goodwill. EUIPO retains historical records in eSearch plus.
Does a clear search guarantee my EUTM will be registered?
No. A clear search significantly reduces risk but cannot guarantee registration. EUIPO may still raise absolute grounds objections (e.g., descriptiveness), and unregistered earlier rights or common law marks may not appear in database searches.
Can an AI search tool clear a mark on its own?
No. AI tools are good at finding and ranking candidates, but the confusion analysis is a legal judgment under EU practice. Pair any AI-assisted screen with a check against the register and an attorney review before you file.
Should I search before filing a Madrid Protocol designation to the EU?
Absolutely. The same conflict risks apply whether you file directly with EUIPO or designate the EU through the Madrid Protocol. A pre-filing search is essential regardless of the filing route.
