Trade mark searches for Liechtenstein

A trade mark search reveals earlier rights and supports the decision on a planned name or market presence. For Liechtenstein, national trade marks and international registrations with corresponding effect should be covered. The legal assessment goes beyond searching for identical terms.

The starting point is the specific sign, relevant spellings, figurative elements and the intended goods and services. In addition, there are the territories in which protection or use is planned. A search limited to Liechtenstein does not fully answer the question of conflicts for a subsequent expansion into other markets.

The scope of the search should be documented. This includes the databases, search terms, variants taken into account and the cut-off date of the search. If there are several name proposals, an initial screening may make sense first, followed by a more detailed search for the remaining variants.

Covering national and international rights

The Liechtenstein trade mark register is kept by the Office of Economic Affairs and is publicly accessible. In particular, the proprietor, priority, subject matter of protection, list of goods and services and register status must be checked. The search interface of the national register is a starting point; the legal assessment requires a look at the specific entry.1

International registrations must be included insofar as they have or claim effect for Liechtenstein. The WIPO databases are available for checking them. An international registration number alone answers neither the question of the designated territories nor that of a refusal or limitation of protection.2

Assessing similarity properly

Under the MSchG, identical signs for identical goods or services may conflict. For similar signs and offerings, what matters is the likelihood of confusion required by law. Earlier trade marks that are well known in Liechtenstein may, under additional conditions, also be protected against dissimilar offerings.3

For the evaluation, visual, phonetic and conceptual points of contact must be examined in particular and related to the specific proximity of the goods and services. The Nice class does not decide the question of similarity: offerings in the same class are not similar for that reason alone, and offerings in different classes are not dissimilar for that reason alone.3

Checking other signs and actual use

Depending on the project, the search should also take into account company names, domain names and relevant market presences. An available domain name or a company name that appears to be free does not prove freedom to use the sign under trade mark law. Conversely, not every similarity of names already constitutes a trade mark infringement. The specific legal basis must still be examined.

In the case of earlier trade marks, the situation regarding use may influence their later enforceability. However, revocation must not be inferred merely from the age of an entry in the register. The statutory rules on use, the actual circumstances and, where applicable, the requirements for proceedings are decisive in this respect.4

Using the result as a basis for decisions

A helpful search report contains the relevant hits, their legal status, the scope of the search carried out and a reasoned assessment. It should show whether a more detailed clarification of the facts, a change to the sign, a limitation of the project or a different protection strategy appears advisable.

Even a careful search remains tied to the data available and the cut-off date. Rights that have not been fully captured, applications that are not yet visible and differing legal assessments may give rise to remaining risks. If there is a longer period until the market launch, an update is advisable; after filing, ongoing monitoring can reveal new conflicts at an early stage.

Conclusion

A search does not provide a blanket clearance, but a comprehensible risk assessment. Its quality depends on whether the scope of the search, the examination of the register and the legal evaluation fit the specific sign and the planned markets.

Sources

  1. Art. 34–36 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. 43 MSchG.

  3. Art. 3(1)–(3) MSchG.

  4. Art. 11–12b and 31b MSchG.

  5. Office of Economic Affairs, trade mark and design register online, accessed on 13 September 2026.

  6. WIPO, Madrid System – International Trademark Protection, section “Trademark search tools”, accessed on 13 September 2026.

Last updated: 13 September 2026

More on this topic