UK trademark search: how to check the register yourself

Search the register in 6 steps

1. Open UKIPO's search by word, phrase or image. You can also start from gov.uk, Search for a trade mark.
2. Under "Search by", keep Word and type your name.
3. Under "Search type", choose Similar. "Exact" misses near misses, and near misses cause most of the trouble.
4. Under "Classification", add the classes for what you sell. Then click "Add classes with similar goods/services". Not sure of your class? See all 45.
5. Under "Status", choose Live. Dead marks (refused, withdrawn or expired) rarely block a new application, but a mark that expired recently can still be renewed late, so note any close ones.
6. Run the search, then repeat it with "Contains Word" and with each word of your name on its own.

Click any result to open its case page. Check the list of goods and services, not just the class number. A class is broad. Two marks in class 35 can cover very different things.

What "similar" means

A mark does not have to be identical to cause a problem. The question is whether shoppers could be confused. That depends on two things together.

1. How close the names are

• Looks: one letter changed or added, such as "Brightleaf" and "Brightleef".
• Sounds: different spelling, same sound, such as "Kwik" and "Quick".
• Meaning: the same idea in other words or another language, such as "Red Fox" and "Renard Rouge".
• The main word: if your name shares its most striking word with an earlier mark, extra words like "London", "Co" or "Studio" rarely help.

2. How close the goods or services are

The same name can live side by side for unrelated things. A plumbing firm and a perfume brand may never clash. But related goods count too: clothing and shoes, or software and IT services. The closer the goods, the less difference between the names it takes to cause a problem.

A famous mark is the exception. It can be protected well beyond its own goods.

Three more checks

• Google and the marketplaces. A business can have rights in a name it uses but never registered.
• Companies House. A company name is not a trade mark, but a trading company with your name is a sign someone got there first.
• Domains and social handles. Your application is published on gov.uk as soon as you apply, so secure them first.

When you apply, UKIPO also searches. If it finds similar marks, it writes to you and to their owners. They can then oppose. That is why it pays to know what is out there before you pay the fee.