How to search for intellectual property (trademarks, patents, etc.)

Before investing time and money in registering a trademark, patenting an invention or design, it is essential to take one critical step: ensure their uniqueness. This mandatory step, known as an intellectual property search, helps you avoid guaranteed rejection of your application, save money, and protect yourself from potential legal disputes in the future. This article is your practical guide to the main tools and databases for conducting such a search.

Section 1. Why conduct a search?

Many entrepreneurs and inventors, inspired by their unique ideas, tend to neglect the preliminary search stage. They believe that their name, design or technology is so ingenious that there can be no analogues. This is a very dangerous overconfidence that can lead to significant financial and time losses. Conducting a thorough search is not a formality, but a fundamental step in risk management. Let’s look at three main reasons why it is absolutely necessary.

1.1. Verification of the uniqueness and novelty of your object

This is the main and most obvious goal. The requirements for uniqueness differ for different IP objects, but the principle itself remains unchanged – you cannot obtain exclusive rights to something that already exists.

• For trademarks: You check whether an identical or confusingly similar name or logo has already been registered for the same or related goods/services. If you want to launch a coffee brand called “Star Trek” and there is already a trademark called “Star Coffee” on the market, your chances of registration are close to zero.
• For inventions and industrial designs: Here, the requirement is even stricter – the novelty must be global. Your invention or design will not be considered new if an identical solution has already been made public anywhere in the world – in a scientific article, a patent application in another country, or even simply displayed at an exhibition (with the exception of a grace period).

Searching allows you to soberly assess the uniqueness of your object before you start investing serious resources in it. Perhaps the search results will show you that your idea needs further refinement to make it truly unique.

1.2. Prevention of infringement of third party rights

This is perhaps the most important reason from a legal security perspective. You may not even realise that your new name or design infringes on someone else’s already registered rights. Launching such a product on the market could turn out to be disastrous.

Imagine this situation: you have developed a unique packaging design for cosmetics, invested tens of thousands of dollars in production and advertising, and launched sales. A month later, you receive a letter of complaint from another company showing you their patent for a very similar industrial design registered two years ago. As a result, you may receive:

• A demand to immediately cease sales and withdraw all products from the market.
• Legal action to claim damages.
• The need for a complete rebranding and disposal of the already produced batch of goods, which is a direct financial loss.

A thorough preliminary search is your “insurance” against such scenarios. It allows you to ensure that you are entering the market with a “clean” property and not creating problems for yourself in the future. This is not just about registration, but about the legality of your commercial activities as a whole.

1.3. Assessment of the chances of successful registration

The procedure for registering any industrial property is subject to the payment of state fees. These fees are non-refundable. If your application for registration is rejected, the money will not be returned to you.

A preliminary search allows you to assess your chances of success in advance, with a high degree of probability.

• If the search did not find any similar objects: Your chances of registration are high. You can confidently submit your application and pay the fees.
• If the search has found several similar but not identical objects: The situation is risky. You can either abandon the idea, try to refine it, or submit an application, aware of the risk of rejection. This will be your informed business decision.
• If the search has found an identical or very similar object: The chances of success are zero. Submitting an application in this case is simply a waste of money.

Thus, searching turns the registration process into a predictable procedure. This allows you to save not only money, but also time (which can be as much as 1.5-2 years in the case of trademarks or inventions) that you would have spent on a clearly unsuccessful application.

Section 2. Where to look: main databases and resources

When the need for a search becomes apparent, the question arises: “Where exactly should we look?” Fortunately, today there are many open and official databases that allow you to conduct a preliminary check without leaving your office. It is important to know which resources to use for different types of IP objects.

2.1. Ukrainian official databases of UKRNOIVI

The primary and most reliable source of information on registered intellectual property in Ukraine is the state registries maintained by the Ukrainian National Office of Intellectual Property and Innovation (UKRNOIVI). Its official website has a section called “Databases and Information Reference Systems,” which provides free access to key registries. This is the first place to start any search in Ukraine. These IP databases contain comprehensive information about all certificates and patents issued in our country.

2.2. How to search for trademarks (databases of registrations and applications)

Trademark search is the most frequent request. For this purpose, UKRNOIVI provides two key databases:

1. “Information on trademarks for goods and services registered in Ukraine”: This is a database of certificates that have already been issued. You can search by name, certificate number, owner’s name or image (if you are looking for a similar logo). It is important to search not only for exact matches, but also for similar variants, using different spellings (Cyrillic, Latin), as well as to check in which classes of the International Classification of Goods and Services (ICGS) the found trademark is registered.
2. “Information on applications for trademarks for goods and services accepted for consideration”: This is an extremely important database. It contains information on applications that have not yet been registered but are already under consideration. By law, priority is given to those who filed their applications earlier. Therefore, even if there is no similar registered trademark, but there is an application filed earlier than yours, you will most likely be refused. Searching this database allows you to avoid such “surprises”.

For a complete picture, it is necessary to search both of these databases.

2.3. How to search for patents for inventions and utility models

Other databases are used to verify technical solutions. If you need to find a patent, UKRNOIVI offers the following:

• Specialised database “Inventions (utility models) in Ukraine”: This interactive database allows you to search by title, patent number, author, owner, as well as by keywords from the abstract or formula of the invention/utility model. The formula is the most important part of the patent, as it determines the scope of legal protection. By analysing the formulas of the patents found, you can understand whether your technical solution “intersects” with those already patented. The search is complicated by the fact that the same technical idea can be described in different words, so it is important to use a wide range of synonyms and professional terms.

2.4. How to search for patents for industrial designs

Searching for an industrial design has its own specific characteristics, since it is not text but images that play the main role here.

• “Information on industrial designs registered in Ukraine”: This database allows you to search by product name, patent number, or owner. But most importantly, it allows you to view images of registered designs. Searches here are often visual. You can search by IPC classes (International Classification of Industrial Designs), for example, “furniture” (class 06) or “lighting devices” (class 26), and visually analyse hundreds of images to find ones similar to your design. This is painstaking work that requires attention to detail and a trained eye.

2.5. International databases (WIPO Global Brand Database, Espacenet)

Remember that novelty for patents and industrial designs must be global. Therefore, it is not enough to limit yourself to Ukrainian databases. It is worth checking key international resources as well:

• WIPO Global Brand Database: A global brand database from the World Intellectual Property Organisation. It allows you to search for trademarks in the registries of many countries around the world, including international registrations under the Madrid System.
• Espacenet: This is a free patent database from the European Patent Office, containing over 140 million patent documents from around the world. It is a powerful tool for conducting global patent searches.
• Google Patents: A search engine from Google that indexes patents from many countries. It has a user-friendly interface and allows you to search not only by text, but also by similar concepts.

The use of these international databases is mandatory if you plan to patent an invention, utility model or industrial design.

Section 3. Tips for effective searching

Even with access to all the necessary databases, searching can be ineffective if you don’t know how to do it properly. It’s not the same as searching for information on Google. Searching for IP objects requires a systematic approach, attention to detail, and an understanding of how registries work. Here are some key tips to help you improve the quality of your independent search.

3.1. Use keywords, synonyms, and transliteration

This is the most important rule, especially when searching for trademarks. It is rare for competitors to use exactly the same name. More often than not, they use similar variants that can mislead consumers. Therefore, your search should be as broad as possible.

• Synonyms: If your name is “Royal Taste,” be sure to also check out “Tsarist Taste,” “Imperial Taste,” and “Elite Taste.”
• Transliteration and translation: If your name is “Sunrise,” search not only for “Sunrise,” but also for “Санрайз,” “Восход солнца,” and “Рассвет.” Check the spelling in both Cyrillic and Latin script.
• Modified forms of the word: Check for singular and plural forms (“Star” and “Stars”), different cases, and possible deliberate spelling errors, which are often used to circumvent exact matches.
• Key words for patents: When conducting a patent search, do not limit yourself to one name for the device. Use all possible terms describing its function, components, and operating principle. For example, to search for solar panels, use queries such as “photovoltaic cell”, “solar module”, “solar energy converter”, etc.

The more options you check, the less likely you are to miss a similar object that could prevent registration.

3.2. Pay attention to the relevant classes (NIPC for trademarks, IPC for patents)

Legal protection for most IP objects is not absolute, but operates within certain classifications.

• For trademarks – ICGS: International Classification of Goods and Services. It has 45 classes. If you find a similar trademark, but it is registered for completely different goods (for example, your trademark “Orion” is for clothing, and the one you found is for telescopes), then this will most likely not be an obstacle. A conflict arises only for homogeneous goods and services. Therefore, always analyse the classes in which the trademark you have found is registered.
• For inventions – IPC: International Patent Classification. It is very detailed and allows you to narrow your search down to a specific technical field. For example, instead of searching for the word “engine” throughout the entire database, you can limit your search to only the class relating to internal combustion engines. This makes the search more accurate and relevant.

Understanding and using these classifiers allows you to filter out “information noise” and focus on those objects that may actually pose a threat to you.

3.3. Analyse not only identical but also similar designations/solutions.

This is a logical continuation of the first tip. During registration (especially for trademarks), the examination assesses not only complete coincidence, but also similarity to the point of confusion. This means that designations may be recognised as similar if they:

• Phonetically similar: They sound the same or very similar (for example, “Milka” and “Milka”).
• Visually similar: Similar in spelling, composition or graphic style (e.g. a logo in the form of a red apple and a logo in the form of a red pear of similar shape).
• Semantically similar: Have the same or similar meaning (e.g., “Good Juice” and “Tasty Juice”).

When conducting your own search, you should try to think like an expert and ask yourself: “Could consumers confuse my brand/design with the one I found?” If the answer is “yes” or “maybe,” then this is a risk worth considering.

3.4. When to entrust the search to professionals – patent attorneys

Independent searching in open databases is an excellent and necessary first step. It allows you to conduct preliminary screening and weed out obviously unsuitable options. However, it has its limitations:

• You may not take into account all the nuances of similarity.
• You may incorrectly determine the classification.
• Open databases may be updated with a delay and may not contain the most recent applications.

Therefore, when it comes to registering a key asset of your business, it is worth considering ordering a professional search from a patent attorney or law firm specialising in IP.

Advantages of professional search:

• Completeness: Patent attorneys have access to paid, more comprehensive and up-to-date databases.
• Expertise: They know the search methodology and criteria used by experts to assess similarity, which allows them to give a much more accurate assessment of the chances.
• Report and recommendations: Based on the search results, you will receive a detailed report with the objects found and a professional opinion on whether it is worth submitting an application, what the risks are and how they can be minimised.

The cost of a professional search is incomparably less than the potential losses from refusal of registration or a future lawsuit.

Conclusions

Independent search for intellectual property in open state and international databases is an extremely important first step for every applicant. It allows you to conduct preliminary “research”, weed out obviously unsuccessful options, better understand the competitive environment, and significantly save time and money. This is mandatory “homework” before starting any registration.

However, it is important to remember that such a search does not provide a 100% guarantee. To obtain a complete and objective picture, especially when it comes to a key brand or technology, it is worth considering ordering a professional search from specialists.