EU Trademark Search: How to Use the EUIPO Database and TMview

EU Trademark Search: How to Use the EUIPO Database and TMview

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 allow you to 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 you risk:

• Opposition from earlier right holders — the 3-month opposition period means anyone with a prior right can challenge your application
• Wasted filing fees — the EUR 850 base fee is non-refundable even if your application is opposed or withdrawn
• Delayed market entry — an opposition can add 12–24 months to your timeline
• Legal costs — defending or settling an opposition is significantly more expensive than a pre-filing search

A comprehensive search strategy combines multiple databases and search techniques.

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

1. Go to euipo.europa.eu/eSearch/
2. Select "Trade marks" from the search type
3. Enter your search term in the "Trade mark name" field
4. Refine by:

- Nice Classification class numbers

- Trade mark type (word, figurative, etc.)

- Status (filed, registered, etc.)

- Owner name or country

1. 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 Across 70+ Offices

TMview is a collaborative tool maintained by EUIPO and the Trademark Network (TMDN). It aggregates trademark data from over 70 intellectual property offices worldwide, including all EU national offices.

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

1. Go to tmdn.org/tmview/
2. Enter your brand name or keywords
3. Select the offices you want to search (e.g., all EU offices)
4. Filter by Nice classes, mark type, status, and filing dates
5. Review results, paying attention to marks in the same or related classes

The GTC advantage: Our new trademark filing service includes a professional clearance search that goes beyond free database tools — analysing phonetic, visual, and conceptual similarity across all relevant jurisdictions.

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 per se, it is essential for:

• Determining your classes before searching — you need to know which classes to focus on
• Finding harmonised terms — terms accepted across multiple EU offices
• Fast Track eligibility — only applications using TMclass-accepted terms qualify for EUIPO's Fast Track programme

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:

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:

1. Class overlap — are the goods/services in the same or related classes?
2. Territory — is the earlier mark in a relevant EU territory?
3. Status — is the mark still active, or has it expired or been cancelled?
4. Genuine use — has the earlier mark been used in the last 5 years? (Non-use can be a defence in opposition proceedings)
5. 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 landscapes

Next Steps After Your Search

Once your search is complete and you are confident in availability:

1. Finalise your goods and services classification
2. Prepare your EUTM application via the EUIPO portal
3. Consider Fast Track filing for accelerated processing
4. Set up trademark monitoring after registration to catch conflicting filings early

👉 Run a free trademark check to get started, or explore our professional filing services for comprehensive clearance and filing support.