Trademark clearance search: define the assignment and services
A search identifies earlier signs that may matter to your plans. Exact spelling is only part of it: similar words, sounds or images may also matter.
Define the assignment
Define variants, products and markets. A hit list is not yet a legal assessment of whether a mark can be used or registered.
Specify the result
The report should state the sign, countries or registers, products, search date and exclusions. Clarify whether legal assessment is included or separate. Company names, domains, actual market use and later monitoring are not automatically included in every trademark-register search.
| Service | Agreement to make |
|---|---|
| Identical signs | Define spellings and variants |
| Similar signs | Consider relevant word, sound and image similarity |
| Assessment | Assess hits and possible conflicts professionally |
Prepare the inquiry
Give the actual number of name or image variants and planned goods and services. Existing own searches or reports help avoid duplicate work. Secret signs can wait for an agreed confidential exchange. You do not need to determine a legal risk category yourself.
Describe the scope and available information without copying confidential originals into the first inquiry. Unknown technical details can remain open. Later agree a suitable transfer channel and a person responsible for questions.
Clarify responsibilities and limits
Swiss examination does not replace investigation of earlier rights. An own search with no hits does not prove availability; similar signs may be missed. Professional searches also have a defined scope and data date. New applications, excluded countries or other rights may fall outside it. Agree which decision the report should inform.
Compare costs and billing
Effort depends on variants, countries, sign type and assessment depth. A simple identity search is not equivalent to similarity research with legal assessment. Identify extra registers, image searches, updates and discussion separately. Filing is included only if expressly agreed.
Compare the same service over the same period. Ask for setup, ongoing work, additional effort, expenses and VAT to be shown separately where applicable. Clarify approval of additional work. Without specific information a national price range would be misleading.
How the assignment proceeds
Define scope, then agree the sign and products confidentially. Document the search, relevant hits and assessment within the assignment. Discuss alternatives, unresolved issues and possible next steps. If the sign, goods or markets change, the earlier report is not automatically sufficient for the new version.
First discuss the objective, scope and responsibilities. The quotation then records services, assumptions and exclusions. Check an agreed first stage before substantial further work starts. At completion record the result, unresolved matters and handover; changes need an agreed approval process.
Compare quotations carefully
Check what will actually be delivered and what contribution you must make, as well as price. A low basic fee can be offset by extras or missing services. Give every provider the same requirements.
| Check | What the quotation should explain |
|---|---|
| Scope | Included work and expressly excluded tasks |
| Cooperation | Contact person, questions and approvals |
| Billing | Charging basis, extras and terms for additional work |
| Report limits | Registers, date, variants and legal assessment |
Checklist before starting
Record these for comparable searches.
- Subject. Define variants and products clearly
- Coverage. Clarify countries, registers and additional rights
- Assessment. Distinguish hits, assessment and next action
Frequently asked questions
Is an Internet search with no hits enough?
It can provide an initial indication. It does not reliably check all similar signs and relevant rights.
Is legal assessment always included?
No. Data search and legal assessment are separate services. Have both stated expressly in the quotation.
Do I need complete records first?
No. Explain what is available and what remains to be clarified. Records needed for the actual work are agreed later.
Should I include confidential content in the inquiry?
No. A brief description of the need is enough. Credentials, complete customer files and information about third parties belong in a later agreed protected exchange.
Is the commissioned service free?
The free quotation inquiry does not replace a fee proposal. Agree costs and assignment terms with the selected provider.
How is the timetable agreed?
Give any known date and explain its significance. The provider must check capacity, necessary information and dependencies; an inquiry does not yet confirm a delivery date.
