The Markify search uses two of the world's largest trademark databases to check name similarities in two major markets: the USPTO database (US trademarks) and the CTM database (European Union trademarks).
Even though these are the largest available databases, they still do not contain all trademarks. So it's important for you to understand their limitations.
US (USPTO) - The United States Patent and Trademark Office (USPTO) maintains the official trademark database of approximately 2 million live trademarks and 5 million dead ones.
- A USPTO registration is valid for the entire US. While a search in Markify will give you a very good overview of US trademark situation, you should also look into the following:
- Every state in the US has its own trademark registers. To obtain all US states' marks, you need to search the state registers or pay for such a search through a trademark lawyer.
- So-called "common law" marks. They are not registered but have protection since they are used and known by their customers. You can find these marks by doing a web search, checking the yellow pages or reviewing other company lists.
Europe (CTM) - The increasingly popular Community Trade Mark (CTM) Registration is a pan-European database that covers the 27 EU countries and contains some 500,000 registered trademarks. The registration is called CTM and the organization behind it is called the OHIM.
- A CTM registration is valid in all EU countries. At the same time, all member countries have their own national registers as well. A search in Markify will thus give you a good overview of Pan-European trademarks. But to find all national marks, you'll need to search those national registers or purchase such a search through a trademark lawyer.
- If there is an earlier registration in a EU country that opposes your CTM application, you can convert the application to national applications. This costs a great deal more.
Make sure you also use web search engines to identify other possible threats - that is, names that for some reason are not registered but active in your line of business.
Disclaimer:
These help articles do not constitute legal advice and should not be relied upon as such. These articles set forth general educational principles only. Consult with a lawyer about your particular case.
Markify is a name-screening tool and there is no guarantee that it will find all potentially conflicting trademark registrations or that the found "similar" trademarks will pose a problem in the naming matter at hand.
