Trademark Wiki / 申请前准备

Why Search Before Registering a Trademark?

Q&APublished 2026-09-17 · Updated 2026-09-17

Searching first reveals prior identical or similar trademarks in advance, avoiding rejection and the wasted official fees and time it brings—it is the most critical step before registration.

Searching before registering a trademark serves to discover in advance whether identical or similar prior trademarks exist and to assess the risk that the application will be rejected. Trademark examination follows the first-to-file principle: if another party has already registered or applied for a similar trademark earlier, your application will very likely be rejected, the official fee is not refunded, and the waiting period runs to several months.

Avoiding Direct Financial Loss

The official fee for each trademark application is charged per application and is not refunded if the application is not accepted or is rejected. Filing blindly without a search carries a non-trivial probability of colliding with a prior trademark, especially for common words and hot industry terms. The cost of one search is far lower than the loss from one rejected application.

Avoiding the Time Cost

At present, a trademark application typically takes several months from filing to an examination result. If the application is rejected and a review follows, several more months to over a year are added. Searching in advance screens out high-risk options before filing, so that time is spent on marks with a higher approval rate.

Providing a Basis for Naming and Adjustment

A search is not merely about "checking whether registration is possible"—it is a decision-making tool at the naming stage. When the core word turns out to be taken, you can promptly change or add characters, swap device elements, or adjust the goods classes, rather than reacting passively only when the notice of rejection arrives.

Discovering Potential Infringement Risk

Even if you do not register, searching before putting a mark into use can prevent inadvertent infringement of another party's exclusive right to a prior registered trademark, which could otherwise lead to legal consequences such as cessation of use and damages (Article 57 of the Trademark Law).

Limitations of a Search

A search is subject to the blind period (a delay of roughly one to several weeks in the entry of application data), and similarity judgment involves subjectivity; finding no prior obstacle does not equal guaranteed registration. But the risk of not searching far outweighs the cost of searching—this step cannot be skipped.

If you are unsure about the above issues, you can first run a trademark registration assessment on MyTMBee and act after obtaining an analysis opinion from a record-filed agent.