How can I know if my trademark application will go through?

There is never a 100% guarantee that your application will go through and your trademark will be registered. However, doing some research can help you establish your chances for a successful registration.

First, your mark, whether a wordmark or a figurative mark, must show a sufficient level of distinctiveness to be registrable.

Secondly, you should have an overview of other already registered trademarks from your niche and country of interest since they can potentially oppose your application if the two marks are too similar.

To do so, you can perform a so-called trademark search by searching the database of the IP office where you plan to apply. Trademark databases are publicly accessible, so anyone can look into registered and pending trademarks. You can also ask a lawyer or a law firm to perform this search on your behalf if you are looking for a more comprehensive result.

If you don't find any identical or confusingly similar trademarks, your chances for successful registration are high. If you do find a similar trademark, your chances then depend on the type and degree of the similarity. A trademark attorney can give you their professional opinion about the level of risk you'd be undergoing should you choose to apply.

At Trama, we offer a free lawyer's check where we assess the mark's distinctiveness, check for identical and similar trademarks and evaluate the level of risk.