How to check a trademark before registration: a step-by-step guide
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You’ve come up with a brand name and are ready to file an application. Stop. This is exactly where most business owners make a costly mistake: they file an application without conducting a preliminary search.
The result? A refusal from the Ukrainian National Office for Intellectual Property and Innovations (UANIPIO) because of similarity to someone else’s trademark, or, even worse, a claim from the owner of a trademark that was registered years earlier.
According to the UANIPIO register, as of April 2026, more than 383,700 trademarks are registered in Ukraine, with another 223,000+ applications currently under examination. That means nearly 607,000 marks in total, each of which could potentially become an obstacle to your brand. That is why a preliminary search is not a formality, but the first and most important step.
⚠️ If UANIPIO identifies a similar mark during the substantive examination, your application may be refused, and you will lose the filing fee. A preliminary search helps you avoid this before filing your application.
Why a trademark search is essential, not just useful
When reviewing your application, UkrNOIVI independently checks the register for similar marks. If it finds one, it may issue a preliminary refusal. You can respond to it, but in many cases, this only delays the inevitable. If the refusal becomes final, the filing fee is not refunded, and you will have to start the registration process again with a new mark.
But a refusal from the trademark office is not the worst-case scenario. It is even more problematic when you are already using the name in your business — you have built a website, installed signage, created packaging, and launched advertising — only to discover that it is similar to someone else’s registered trademark. In such a case, the trademark owner may demand that you stop using the mark and compensate them for damages.
A preliminary trademark search helps prevent both problems — before you have invested money in promoting your brand.
What exactly is checked
A trademark search is not simply about checking whether the exact same name already exists in the register. UkrNOIVI assesses a mark for similarity to the point of likelihood of confusion — which is a much broader concept.
Two marks are considered confusingly similar if an average consumer could mistake them for each other or assume that the goods or services come from the same company. This assessment takes into account:
- Phonetic similarity — the marks “MAXIMA” and “MAXSIMA” sound the same and may conflict when used for goods or services in the same classes.
- Visual similarity — logos with similar shapes, colors, or fonts may be considered similar even when the words do not match.
- Conceptual similarity — “Зоряний” and “Stellar” have the same meaning when translated.
- Nice Classification (NCL) class — similarity is assessed within the classes of the International Classification of Goods and Services. The same name may coexist in different classes without conflict — or may still conflict if the goods or services are related.
ℹ️ Example: The name “Меридіан” — as of April 2026, six trademarks containing this word are registered in Ukraine. However, if your goods or services fall into a different NCL class and there is no relatedness between them, registration may still be possible. This cannot be determined without analysing the relevant classes.
Where to search for a trademark: three main databases
1. UkrNOIVI Register (national database)
The main source for trademark searches in Ukraine is the Integrated Service System (SIS) of UkrNOIVI. It contains information on all registered trademarks and applications currently under examination.
What it provides: searches by word element, certificate number, owner’s name, and Nice Classification (NCL) class. The results show a list of marks along with their legal status (active, cancelled, application under examination).
Website: sis.ukrpatent.org
Important: SIS only shows registered trademarks and filed applications. It does not identify unregistered marks that may be protected based on actual use — and these may also become grounds for refusal or a legal claim.
2. TMview — EU database
TMview is a free platform that combines the databases of 75 intellectual property offices, including EUIPO, WIPO, and the Madrid Register. If your business operates in or plans to enter the EU market, checking TMview is essential.
Website: tmview.eu
3. WIPO Madrid Monitor
International trademarks registered through the Madrid System may not always appear in the UkrNOIVI national register at the same time. For a more comprehensive search — especially if your competitors operate internationally — it is also worth checking WIPO Madrid Monitor.
Website: branddb.wipo.int
Step-by-step guide: how to conduct a trademark search
- Identify the Nice Classification (NCL) classes. Before you start searching, determine which goods or services you intend to register the trademark for. The Nice Classification contains 45 classes. Your business may fall under one or several of them. The correct choice of classes affects the scope of the search, the registration cost, and the level of protection.
- Search the SIS of UkrNOIVI. Enter the word element of the proposed trademark and select the relevant class. Review the results carefully — pay attention not only to identical marks, but also to those that are similar in sound or spelling.
- Check TMview and WIPO. This is especially important for businesses with international ambitions or those operating in sectors with a strong presence of foreign players, such as IT, FMCG, fashion, and pharmaceuticals.
- Analyse similarity. If potentially similar marks are found, assess the degree of similarity based on all relevant criteria: sound, visual appearance, meaning, and the relatedness of the goods or services. At this stage, a basic self-conducted search is no longer sufficient.
- Get a professional opinion. An IP specialist will assess the search results, take UkrNOIVI practice into account, and provide a recommendation: file the application, modify the mark, or choose another option.
Self-conducted search: what it can and cannot do
A self-conducted search of trademark databases is a useful preliminary step. It helps you quickly determine whether there are any obvious matches, eliminate clearly unavailable options, and narrow your choice down to a few finalists before conducting a detailed analysis.
However, a self-conducted search does not replace a professional analysis for several reasons:
- Official registers do not include trademarks that are actually being used without registration, as well as marks that claim well-known status but have not yet received official recognition.
- A search based only on exact matches will miss similar marks — including those that may conflict under UkrNOIVI’s assessment.
- Correctly identifying the relevant Nice Classification (NCL) classes and related goods or services requires experience. A mistake here may result either in insufficient protection or in a missed conflict.
- Assessing similarity to the point of likelihood of confusion is a legal analysis that takes the practice of the relevant authority and courts into account.
Bottom line: a self-conducted search provides a preliminary picture. The decision to file an application should be made after consulting a patent attorney or an IP lawyer.
What to do next
A trademark search is not bureaucracy — it is risk management. It takes just a few days and costs significantly less than a registration refusal, rebranding, or a legal dispute with the owner of someone else’s trademark.
The rule is simple: search first, register second. Not the other way around.
Barbashyn Law Firm conducts trademark searches in Ukraine and abroad, including through EUIPO, WIPO, and national trademark registers, and assists with the registration process from filing the application to obtaining the certificate.
barbashyn.law
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FAQ
How long does a trademark search take?
Can UkrNOIVI refuse registration even if the search found nothing?
If I have already been using the name for 3 years, do I still need a search before registration?
How much does trademark registration cost in Ukraine?
What does “similarity to the point of confusion” mean, and how is it assessed?
How long does a trademark search take?
A basic self-conducted search takes a few hours. A full professional search with analysis and a written opinion usually takes 3–5 business days, depending on the number of NCL classes and the complexity of the mark.
Can UkrNOIVI refuse registration even if the search found nothing?
Yes. During the substantive examination, UkrNOIVI conducts a broader assessment, including well-known trademarks, descriptive marks, and marks subject to absolute grounds for refusal (heraldic symbols, misleading indications, etc.). Therefore, the absence of matches in the register is necessary, but not sufficient, for successful registration.
If I have already been using the name for 3 years, do I still need a search before registration?
Absolutely. First, someone may have registered a similar mark after you started using your name. Second, even long-term actual use without registration does not give you exclusive rights and does not protect you from a claim by the owner of a registered trademark.
How much does trademark registration cost in Ukraine?
The cost consists of the official fee and the patent attorney’s professional fees. The amount of the official fee depends on the number of NCL classes: there is a basic fee for one class, with each additional class increasing the total amount. It is best to check the current fees on the UkrNOIVI website or with a patent attorney, as they may change.
What does “similarity to the point of confusion” mean, and how is it assessed?
This is a legal standard: two marks are considered confusingly similar if consumers could mistake them for each other or believe that the products or services are connected. The assessment is comprehensive and considers phonetic, visual, and conceptual similarity, as well as the similarity of the goods or services. No single factor is decisive — UkrNOIVI and the courts consider the overall impression.
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