Before you register, check that you can
We look for earlier rights that could block your trademark or domain, and tell you the real risk you face before you spend on fees.
Why it comes before, not after
Trademarks are territorial rights: they grant exclusive use for a set term, over specific goods or services and within a territory. That means the same name can be free in Spain and blocked in the European Union, or available in your sector and taken in the one next door.
That is why the time to check is before filing, not after. If the office refuses the registration or a third party opposes successfully, the fees are not refunded, the time is not recovered and, if by then you have started using the name, the problem stops being administrative: there is signage, packaging, a domain and invoices carrying a mark you cannot use.
The study is also the usual tool when extending protection of a mark you already hold to other countries. Being granted in Spain says nothing about whether you will be able to register in Germany or Mexico.
What we analyse
Identity and similarity
- Identical signs in the classes applied for
- Phonetic, visual and conceptual similarity
- Earlier marks in related classes
- Pending applications not yet published
Grounds for refusal
- Generic or descriptive character of the sign
- Lack of distinctiveness
- Deceptive signs or those contrary to public policy
- Protected designations and reserved terms
Online presence
- Domain availability in the extensions you want
- Registered domains reproducing the sign
- Trade names and company names in use
- Risk of conflict with well-known marks
How we work
Give us the name and your activity
The sign you want to register, what your business does, and the territories you operate in or plan to.
We narrow the classes
Before searching we need to know where. We define the classes covering your activity and the adjacent ones where conflict may arise.
We search and assess
We query the Spanish, EU and WIPO registers, and domain records. We do not list matches: we assess which ones pose a real risk.
We tell you what to do
The report comes with a recommendation: go ahead, go ahead with adjustments to the class list, or better change the name.
An unfavourable report is not money wasted
It is the other way round: the cheap report is what avoids the expensive spend. A refusal takes with it the fees, the months of prosecution and, if you have already started using the name, the whole identity built on it. One hundred and eighty euros to discover a name is not viable is the best way to spend them.
Frequently asked questions
What does it cost and how long does it take?
The report costs €180 and we deliver it within 48 hours. If the study spans several territories or a large number of classes, we tell you before starting and adjust the quote. Set against the cost of a refused application — lost fees, lost time and sometimes a corporate identity to redo — it is the best-value step in the whole process.
How is this different from a registry verification?
Verification looks at a specific existing trademark: who owns it, how long it remains in force and what it protects. A feasibility search looks forward: whether the sign you want to register stands a chance of being granted without colliding with earlier rights. If you are buying a mark from the catalogue, you need the first. If you are registering a new name, the second.
Is the official search tool not enough?
It will rule out identical marks, but it falls short on what actually sinks applications. A mark does not have to be identical to block you: similarity in one respect applied to related goods is enough. That calls for assessing phonetic, visual and conceptual similarity, and also how close different classes sit to one another. A search tool returns matches; a report estimates risk.
Does the report guarantee my mark will be granted?
No, and be wary of anyone who promises it. The office examines certain grounds on its own initiative and earlier rights holders may oppose on others; there are also unregistered rights — trade names with proven use, company names, well-known marks — that do not appear in the databases. What we do is measure the risk and tell you how likely each obstacle is, so you decide with information.
What if the report is unfavourable?
It is usually the best possible news, however it looks. Often the problem is solved by adjusting the list of goods and services, narrowing the classes or slightly modifying the sign, turning a doomed application into a viable one. Where there is no way through, we say so plainly: better to change the name before printing the stationery.
Does it cover the domain too?
Yes, and it is worth checking both at once. A registrable mark is little use if the domain is taken, and conversely: registering a domain that reproduces someone else’s trademark can cost you the domain in an out-of-court procedure. We check both in the same study.
Tell us the name you have in mind
With the sign, your activity and the territories you care about, in 48 hours you will know what you are up against.