How to do a trademark search yourself

Trademark searches terrify founders. They shouldn't. A basic clearance search takes thirty minutes and can save you from a rebranding exercise that costs ten times what you'd have paid a lawyer upfront. Here's how to do it yourself before you engage anyone professional.

What you're actually looking for

You're not looking for an exact match — you're looking for anything confusingly similar in the same class of goods or services. A trademark for "Apex" in plumbing supplies doesn't block you from registering "Apex" for software. Context matters. The question is always: would a reasonable consumer confuse the two?

Step 1: UKIPO (UK)

Go to trademarks.ipo.gov.uk and use the search tool. Search your exact name first, then variations (common misspellings, similar sounds). Filter by class — you need to know which Nice Classification classes your product falls into (Class 35 for business services, 42 for software, 25 for clothing, and so on). Note anything that looks similar and check the status — pending, registered, expired, and abandoned registrations all have different implications.

Step 2: EUIPO (EU)

euipo.europa.eu/eSearch — same approach. An EU trademark covers all 27 member states. If you're trading in the EU post-Brexit, you need separate EU and UK marks.

Step 3: USPTO (US)

Search TESS at tmsearch.uspto.gov. The US is a use-based system, which means rights are acquired through use, not just registration. This makes US searches more complex — there can be unregistered common-law marks. For the US, a professional clearance search is worth the cost once you're serious about the market.

What to do with what you find

If you find nothing close: good news, but get a lawyer to confirm before you spend on branding. If you find something close: assess the class, the activity of the mark, and the similarity carefully. If you find an exact match in the same class: choose a different name. It's not worth the legal exposure.

When to involve a lawyer

For any name you're seriously committing to — spending on branding, printing, building — get a professional clearance opinion. The cost is a few hundred pounds. The cost of rebranding after a cease and desist is several thousand at minimum, plus the lost brand equity.