Searches and trade mark strategy

More than identical hits

Conflicts can also arise between similar signs. The legal assessment takes into account the goods and services concerned and the relevant statutory ground of conflict. The fact that two offerings fall into different Nice classes does not rule out their similarity; nor does the same class automatically establish it.¹

Defining the scope of the search

The starting point is the planned sign, its variants and the markets concerned. For Liechtenstein, national rights and international registrations with effect for Liechtenstein must be included. Depending on the project, further signs and actual market presences are added. A documented search records which sources, search variants and cut-off dates were taken into account.²

Turning hits into decisions

A hit may call for a more detailed examination, an adjustment of the sign or a different application. Not every hit is a legal obstacle. Conversely, an empty list of hits is no guarantee that use will be free of conflicts. Its significance depends on the scope of the search and on the legal evaluation.

Topics in this section

The section covers identity and similarity searches, the assessment of search results, brand architectures and ongoing monitoring. The in-depth page on searches explains the workflow. The pages on registrability and application show how the results feed into a concrete decision on protection.

Conclusion

A search is useful when it leads to a well-founded decision. To achieve this, the scope of the search, the legal assessment and the business objectives must fit together.

Sources

1. Art. 3(1)–(3) of the Law of 12 December 1996 on the Protection of Trade Marks and Indications of Source (Trade Mark Protection Act; MSchG), LGBl. 1997 No. 60, LR 232.11, version of 1 July 2026.

2. Art. 34–36 and 43 MSchG.

Last updated: 13 September 2026