How can I screen for trademark conflicts before selling abroad? Do I need to pay an agent?
Screen for free yourself first: USPTO trademark search for the US, TMview for the EU, the WIPO Global Brand Database for many countries at once, and CNIPA's China Trademark Office site for China. Look for identical or similar marks (brand name, words and designs on the product) covering related goods or services, and check status and territory; do not rely on class numbers alone. If you find a conflict, change the name or design, or ask a lawyer; finding nothing does not prove there is no conflict. Trademark searches do not cover copyright and other rights. To apply for a US trademark, applicants domiciled outside the US must be represented by a US-licensed attorney.
- Applies to
- Chinese sellers on Amazon, their own websites and elsewhere selling own-brand or printed goods; sellers who want to register a brand abroad.
Official free search tools
| Where | Tool | Notes |
|---|---|---|
| US | USPTO trademark search | Applied-for and registered marks, free; marks with designs are searched by design code |
| EU and many countries | TMview | Led by the EU Intellectual Property Office, covering EU and many national offices |
| Worldwide | WIPO Global Brand Database | World Intellectual Property Organization; national and international registrations together |
| China | China Trademark Office | CNIPA Trademark Office |
Source: US government STOPfakes: how to check if a trademark is already registered (USPTO search is free; foreign-domiciled applicants must use a US-licensed attorney)
What you can do yourself
- List what to search: brand name, words on the product, slogans; note designs separately.
- In each target-country tool, search identical marks and ones that look, sound or are spelled alike, and check which related goods or services they cover, their status and territory; see the USPTO on likelihood of confusion.
- If the same or a similar mark covers related goods, do not list yet; rename or ask a lawyer.
- Do not sell goods using someone else's brand, cartoon character, team logo or work without the right holder's permission or another clear legal basis; trademark searches do not cover copyright and other rights.
- Save screenshots of your searches with the date.
When to use a licensed professional
- Filing a US trademark: a US-licensed attorney is required for applicants domiciled abroad.
- A similar mark you are unsure about: an IP lawyer's opinion.
- Already received an infringement complaint or TRO: a lawyer at once; see US TRO frozen funds (in Chinese).
Check before you pay, and warning signs
- Ask an agent which countries and classes they will search, whether you get a written opinion, and to list official fees and service fees separately.
- Verify a US attorney's licence and standing with the relevant state or jurisdictional regulator; the USPTO does not maintain a roster of trademark attorneys (USPTO). "Register in the US without a lawyer" contradicts the official requirement for foreign-domiciled applicants (USPTO: why hire an attorney).
- "Guaranteed registration" or "fast-track certificate" are warning signs.
Unknowns
- Design patents have separate search systems not covered here.
- Official fees and examination times differ by country; check each office's site.
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