How to check a trademark before registration?

Are you planning to launch a new brand and have already found what you think is the perfect name for it? Don’t rush to order logo design and print business cards! Preliminary trademark verification is not just a bureaucratic formality, but a reliable shield against future financial losses and lawsuits. In this article we will look in detail at how to check a trade mark yourself and when it is worth seeking professional help.

Section 1: Criteria for TM uniqueness: what to check for

Before diving into databases, it is critical to understand exactly what we are looking for. The success of registration depends not on the mere absence of an exact match, but on the compliance of your designation with two large groups of criteria established by law. Experts of the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI) evaluate each application according to these criteria. Let us consider these “filters” as much as possible in detail, because ignorance of these rules is a direct path to rejection.

1.1 Absolute grounds for refusal

These are fundamental prohibitions that go to the very essence of your designation. If your name or logo falls into one of these categories, it cannot be registered as a trade mark in principle, even if no one else has ever used anything similar. The reason is that such designations do not have the main feature of a TM – distinctiveness. They are not able to individualise your goods or services among others.

Let’s break down each reason with examples.

• Descriptiveness and generalisability. This is the most common trap for aspiring entrepreneurs. The law says that you cannot monopolise words that are commonly used for a certain type of goods or directly describe their characteristics. For example, you produce furniture. You will not be able to register the TM “Wooden table” or “Comfortable chair”. Because this is just a product description that any other furniture manufacturer has the right to use in their communication. The same goes for quality (“Best”), properties (“Durable”), composition (“100% cotton”), purpose (“For sports”), weight (“5 kilograms”), price (“Cheap”) or place of origin (“Ukrainian product”). Such words should remain freely available to all.
• Misrepresentation. Your trade mark must not deceive or mislead the consumer. Imagine that an entrepreneur from Kharkiv wants to register the brand name “Carpathian Tea” for a collection of herbs grown in Slobozhanshchina. This is a direct misrepresentation of the geographical origin. Another example: the name “VeganFriendly” for a product containing milk protein. Or a logo containing the label “eco” or “organic” if the product has not been certified. Such designations damage consumer confidence, so their registration is prohibited.
• Contravention of public order and morality. Marks containing foul language, insults, calls to violence, discrimination or offending religious feelings cannot be registered. For example, a mark containing racist slogans or degrading images will never be examined.
• State and official symbols. This applies to images of state emblems, flags, anthems, official names of states (for example, the full name “Ukraine”), emblems, abbreviations or full names of international intergovernmental organisations (UN, NATO, WHO), as well as official control, guarantee and assay marks and seals. The use of such elements is possible only with the consent of the competent authority or their owner. No registration is possible without such authorisation.

1.2 Relative grounds: similarity to other TMs

If your name has successfully passed the absolute grounds filter, the second, equally important stage of validation begins – comparison with already existing rights of others. This is the core of what we call a TM search. The law stands in defence of who was first. Therefore, you will be refused if your designation conflicts with trade marks that have been registered or applied for registration before you for similar goods and services.

There are two key concepts here:

• Identity. This is the simplest case – complete identity. If you apply for registration of the word mark “KVANT” for software development services, and such a mark is already registered for the same services, your application will be rejected 100%. There is no room for interpretation: the coincidence is complete. The same applies to logos: if the image is a complete repetition of an already registered image, it is identity.
• Similarity to the degree of confusion. This is a much more complex and more subjective category, which is the cause of the vast majority of refusals. This is a situation where the labels are not identical, but are so similar that the average consumer can confuse them. Imagine you see two juices on the supermarket shelf: one labelled “Sunny Nectar” and one labelled “Sunny Extra”. There is a high probability that you might think they are simply different product lines from the same manufacturer. It is this likelihood of confusion in the consumer’s mind that is the criterion for rejection. The UKRNOIVI expert puts himself in the buyer’s shoes and analyses whether your brand will not “parasite” on the reputation of an existing brand, or vice versa – whether an existing brand will not be an obstacle to your entry into the market.

1.3 Phonetic, visual and semantic similarity

The assessment of “confusing similarity” is not just a general impression. Expertise breaks this analysis down into three clear components. For your review to be truly in-depth, you must analyse your future brand on each of them, because a weakness in one aspect can be fatal.

• Phonetic similarity (sound similarity). This is similarity by ear. It doesn’t matter how names are spelled, it’s how they sound. Think about radio adverts: will the listener be able to clearly distinguish between your name and your competitor’s? A classic example is Protex and Protecs. Although the spelling is different, they sound almost identical. Other examples: Elit and Elite, Lux and Lyuks, Kari and Carry. The examiner analyses the number of syllables, stress, sequence of vowel and consonant sounds. Even a partial overlap of the strongest part of a word can be recognised as a similarity. For example, “MegaBud” and “SuperBud” may be recognised as similar because of the common second part, which is key to identifying the field of activity.
• Visual similarity (graphic). This aspect concerns the appearance, especially for combined and pictorial TMs. Everything is analysed: the overall composition, the colour scheme, the font used, the writing style, the central graphic element. Let’s imagine that there is a registered logo – a red circle with a white letter “A” inside. If you submit for registration a red square with a white letter “A” in the same stylistic design, this is highly likely to be recognised as visual similarity. Even if your name is unique, but its graphic design almost copies a well-known brand, this can be a reason for rejection. For example, using a very similar handwritten font like Coca-Cola for a different drink.
• Semantic similarity (meaningful). This is the similarity of an inherent idea, concept or meaning. The designations may not have a single common sound or graphic element, but they may evoke the same associations. For example, one company registers the TM “King of Beasts” for meat products, while another wants to register “King of the Jungle”. Both brands appeal to the image of the lion as a symbol of strength and dominance, which makes them semantically similar. Another example: “Moonlight” and “Moonlight” for perfume. This is a direct translation, and although phonetically and visually they are quite different, their meaning is identical. This also applies to the synonyms: “Fastwalker” and “Rapid” for courier delivery service.

1.4 Checking by ICTU Classes

The legal protection of a trade mark is not unlimited; it applies only within the classes of goods and services that you have indicated in your application. They are all systematised in the International Classification of Goods and Services (ICGS), which has 34 classes for goods and 11 for services. This creates the possibility for absolutely identical names to co-exist legally if they operate in radically different spheres and do not create consumer confusion. For example, TM “Polyus” can be registered for the production of refrigerators (Class 11) and at the same time for a travel agency organising trips to the Arctic (Class 39).

However, here lies one of the most important and complex nuances – the concept of homogeneity of goods and services. Goods or services can be recognised as homogeneous even if they are not in the same class. The key criterion: can the consumer get the impression that they are produced or provided by the same company? Let’s imagine a situation: you want to register the TM “Gourmet” for restaurant services (class 43). But when you search, you find the same TM registered for the production of sauces and spices (class 30). Although the classes are different (services and goods), they are closely related. Restaurants use sauces and sauce producers often target the restaurant business. There is a high probability that UKRNOIVI recognises them as homogeneous, as a consumer might logically assume that a gourmet restaurant uses or even produces sauces under its own brand. Therefore, your search should never be limited to your direct class. You should analyse all related and connected industries, sales channels and target audiences to identify potential conflicts.

Section 2: Free ways to check TM

Once you’re armed with the knowledge of exactly what to look for, it’s time to get practical. Fortunately, there are tools that allow you to do a pre-screening for free. This is a great first step to help weed out the most obvious matches and better understand the market. It is worth remembering that this stage is only part of a larger process. To see the full picture, we recommend reading the article “How to register a trade mark (brand, TM) in Ukraine in 2025“, where you will find a complete guide to registering a trade mark.

2.1 Search on the Internet and social networks

This is the very first, easiest and most logical step you should take. Before diving into specialised bases, simply “google” your potential name. Use different search engines and spelling variants: Cyrillic, Latin, with hyphens, without them. The purpose of this stage is to see if someone is using the same or a very similar name for a similar business, even if it is not registered as a TM.

What exactly to look for:

• Direct competitors: Are there companies in your niche with the same name? If you’re planning to open an online clothing shop called “Stylo” and a search gives you an existing “Stilo” shop with thousands of followers on Instagram, that’s a serious reason to think twice. Even if their name is not registered, they already have a certain reputation and you risk not only confusion among customers, but also possible unfair competition claims.
• Social networks and domains: Check the availability of the name in key social networks (Instagram, Facebook, TikTok) and as a domain name for the website (in the zones .ua, .com, .com.ua, etc.). If all the desired names are taken, it can be a significant obstacle for your marketing. For example, you want to call your coffee shop “Zerno”, but the domain zerno.ua and instagram @zerno have long been occupied by a large agricultural company. Although the spheres are different, this will be an inconvenience.

This superficial search is extremely important, but it is absolutely insufficient to make a final decision. Firstly, not all registered TMs are actively used on the Internet. A company may have registered a mark “in reserve” or for protection and has not yet launched a product under it. Secondly, you will not find information on applications that have only been filed for registration but have not yet been processed. This is what the official databases are for.

2.2 Official databases of Ukraine

The main tool for free verification in Ukraine is the databases maintained by UKRNOIVI. It is here that registered trademarks and filed applications can be viewed. The main resource is the UKRNOIVI Special Information System (SIS). At first glance, its interface may seem a bit outdated and complicated, but it is quite easy to understand.

Here are step-by-step instructions on how to check a trade mark through the UKRNOIVI SIS:

1. Go to the UKRNOIVI website and find the section “Databases, information and reference systems, funds”. You need “Special Information System (SIS)”.
2. Select the required database. For our purpose, there are two key databases: “Information on marks for goods and services registered in Ukraine” and “Information on applications for marks for goods and services accepted for consideration”. It is important to check both, because the application filed yesterday has priority over yours, which you will file tomorrow.
3. Use the “Search” field.Enter your name. This is where the nuances begin. The system searches for exact occurrences. Therefore, you should check all possible variants
   • : Cyrillic (“Kvitka”).
   • Latin (“Kvitka
   • “). Transliteration (“Kvitka”, “Cvitka
   • “). Possible spelling mistakes or variations (“Kvitka”, “Kvitka”)
   • . Search both the full name and its parts.
   • If your name is “Solnechny Luch”, search separately for “Solnechny” and “Luch”.
4. Filter by ICTU Class. Once you have entered a name, be sure to use the filter by ICTU class. Enter the numbers of the classes you are interested in. This will allow you to filter out TMs with a similar name that are registered for completely different goods (as in the example with “Dove”).
5. Analyse the results. Carefully study each similar brand you find. Look not only at the name, but also at the image (if any), the list of goods/services and the status of the brand (registered, discontinued).

2.3 International databases

Even if you plan to work exclusively on the Ukrainian market, it is a big mistake to ignore international databases. This is important for several reasons. Firstly, a foreign company may have an international TM registration with an extension to Ukraine. Secondly, if you want to enter the international market in the future, your name unique in Ukraine may be occupied somewhere in Poland or Germany.

The main free tool here is the WIPO Global Brand Database ( World Intellectual Property Organisation Global Brand Database).

• What does it do? This database allows you to simultaneously search through millions of records from around the world, including applications filed under the Madrid System of International Registration.
• How to search? The WIPO interface is much more modern and intuitive. You can search by name, owner, class numbers. A very useful feature is image search (you can upload your logo and the system will find visually similar ones).
• Why do you need it now? Imagine that you have spent a year developing the Astra brand in Ukraine. And then it turns out that in Europe there is a huge concern “Astra” with the same TM, which is now planning to enter the Ukrainian market. It can easily block your activity or challenge your registration. Checking in international databases is about looking into the future and assessing global risks.

Free methods give a good initial picture. However, as you can see, the process requires attention and understanding of many nuances. If you are not confident in your abilities or want to get a guaranteed result, it is better to entrust this work to specialists who will conduct a professional brand search.

Section 3: Professional TM search: when and why to turn to specialists

Self-checking through free databases is certainly a useful and necessary step. It allows you to screen out obvious problems and get a general idea of the situation in your niche. However, let’s be honest, such a search is like self-diagnosing medical symptoms online: you may find something useful, but the risk of missing something critical or misinterpreting the results remains extremely high. When it comes to investing in your future brand, relying on free tools alone can be risky.

3.1 Limitations of free methods: what you might miss out on

Even the most thorough do-it-yourself search has its blind spots, which can cause you to get your registration rejected after wasting time and money on your application.

Here are the main limitations to be aware of:

• Delay in updating databases. UKRNOIVI’s public free databases are updated with a certain delay. This means that an application that was submitted a week or a month ago may not yet appear in the search. However, it already has priority over yours. You will unsuspectingly submit your application, and only after many months of examination will you find out that someone has beaten you to it.
• Lack of tools for sophisticated searches. Free systems tend to search only for exact or very close textual matches. They are not designed to deeply analyse phonetic or semantic similarities. For example, you search for the name “Dawn”, but the system will not show you the registered trademark “Sunrise”, even though they are identical in meaning. Or you check “Forte” and the system will not find “Phorte”. Identifying such non-obvious relationships is almost impossible without experience.
• Difficulty in analysing images. If your TM contains a logo, self-checking becomes even more difficult. How to find all similar images among millions of registered images? The image search functions in the free databases are limited and often do not provide meaningful results.
• Risk of missing international registrations. You may carefully check the Ukrainian base, but miss an international TM registered under the Madrid system, the effect of which is extended to Ukraine. Such marks have the same legal validity as national marks.

3.2. What is a “full search” from a patent attorney?

When you hire a patent attorney or a law firm specialising in intellectual property, you are not just ordering a “search”. You get a comprehensive service called a “full” or “deep” search. And its main value is not in the fact of searching, but in the professional analysis of its results.

This includes a full search:

1. Use of professional paid databases. Patent attorneys have access to specialised commercial databases. They are updated much more frequently, have much more powerful search algorithms (including phonetic, semantic and image search) and contain more complete information about registered trademarks and applications.
2. In-depth risk analysis. The specialist does not just provide you with a list of similar names. He or she analyses each found designation for all three types of similarity (phonetic, visual, semantic) and homogeneity of goods/services.
3. Preparation of a detailed report.The result of our work is not just a “yes” or “no”. You receive a detailed written report, which clearly indicates:
   • All identified potentially conflicting TMs.
   • An estimate of the probability of failure as a percentage (e.g., “70-80% risk of failure”).
   • Detailed explanations as to why a particular mark is unsafe.
   • Practical recommendations: whether it is worth filing an application, whether it is better to change the name/logo, whether it is possible to change the list of classes to avoid conflict.

Such a report is your roadmap, which allows you to make an informed business decision and is a key step in successfully registering a trademark in Ukraine. In essence, it is a professional check of the brand for uniqueness, which minimises your risks.

3.3 Approximate cost and timing

Of course, professional services are not free, but this cost is worth considering as an investment in the security of your brand.

• Cost: The price of a professional search can vary. It depends on several factors: the type of your TM (a search for a word mark is usually cheaper than for a combined mark with a logo), the number of ICTU classes to be checked, and the depth of the search (only in Ukraine or taking into account international databases). As a rule, the cost starts from several thousand hryvnias.
• Timing: A quality search is not done in an hour. It requires careful analytical work. Usually, it takes 3 to 7 working days for a specialist to prepare a full report with recommendations.

Once you have received a favourable search report, you can confidently proceed to the next step. By the way, today there is a convenient way to do it – registration of TM through Dia, which can simplify the procedure of filing documents.

Conclusions

So, let’s summarise. Trademark verification before registration is not just a formality, but a fundamental step that determines the future of your brand. As we have found out, this process is much deeper than a simple Google search. It requires understanding the absolute and relative grounds for rejection, analysing phonetic, visual and semantic similarity, as well as a thorough check against ICCT classes.

Remember the key steps:

1. Start by self-checking on the internet and free UKRNOVI and WIPO databases to screen out the most obvious conflicts.
2. Assess the risks. If your name is not unique or you find similar variants, think twice.
3. Do not neglect professional help. Contact a patent attorney for a full search to make a final decision and minimise risks.

A thorough search is your best investment in business peace of mind and security. It will save you much more money, time and nerves in the future, saving you from lawsuits, the need to rebrand and loss of reputation. Do not skip this stage on the way, where the trademark is registered, because it depends on it, whether this path will be successful. And remember that when you decide to register a trade mark in Ukraine, the preliminary search will be your most reliable foundation.