At the end of a structured naming process, concrete name ideas are generated. Ideally, these are subjected to an initial international conflict and trademark research by us as a naming agency after the first name development and before internal favoring. Conflict research is a central component of professional naming and should not be carried out retrospectively. It provides an overview of identical, similar, and related brand names within and outside the relevant goods and service classes in the defined target markets. This allows legal risks to be identified and avoided before time and budget are invested in a name that cannot be used later on.

Collision research is becoming even more important in international naming. Trademark rights vary from country to country. A name that can be easily registered in one market may already be protected or culturally problematic in another.

Name conflicts can arise at different levels:

• Legal conflict: An identical or similar name is already registered as a trademark in the same or a similar class of goods or services.
• Trademark strategy conflict: A name is legally permitted, but is too similar to existing trademarks, which could lead to confusion.
• Linguistic conflict: A name has an inappropriate or negative meaning in another language.
• Digital conflict: There are many online results for a name, or relevant domains are already taken.

The practical relevance of these risks is clearly demonstrated by the current figures from the German Patent and Trademark Office. In 2024, the DPMA received 115 applications for cancellation due to prior rights and 182 expiry proceedings with the aim of reaching a decision on the merits. These figures illustrate how often trademarks are subsequently challenged due to insufficient collision research.

DPMA (2024). Annual report. Available under: https://www.dpma.de/digitaler_jahresbericht/2024/jb24_en/trade_marks.

Identity research is the first step in conflict research. It examines existing word marks for exact and phonetic matches and provides detailed information on relevant hits, trademark owners, scope of protection, and registered goods and service classes. Word marks, logos, and word and figurative marks are taken into account. Phonetic matches are examined, as even similarities in sound can be relevant under trademark law.

The search is conducted in national, european and international trademark registers and is possible worldwide in over 200 countries and registers.

In addition, an extended identity search can be carried out using computer software. Special computer software is used to identify relevant variations that are not obvious at first glance.

The similarity research complements the identity research and examines trademarks on the risk of confusion. The sound, spelling, word order, meaning, and visual design are examined. Image and word-image trademarks are also taken into account. The Vienna Classification is used here. It structures graphics into 28 main categories with hundreds of subcategories, enabling systematic visual examination.

By combining word and figurative mark searches, legal, strategic, and visual risks can be identified at an early stage before time, budget, and brand value are invested in a trademark that could later prove problematic.

In international trademark classification, names are assigned to specific goods and services for which they are protected. This is based on the Classification of Nice, an internationally recognized system for categorizing goods and services.

Determining the class(es) of goods for which national or international protection is claimed for the company name, product name, or brand name is an important step. The decision must be made at a very early stage, as ideas are checked for availability by the agency as early as possible during the creative phase. If there is a possibility that a preferred name may involve existing third-party rights, changes can be made early in the evaluation process. Trademark protection applies exclusively to the classes applied for.

The Classification of Nice includes 45 different classes, including 34 goods classes and 11 service classes. It has been established on June 15, 1957, and is revised every five years. Since 2013, annual updates have also been published.

The Classification of Nice contains internationally established lists of specific goods and services, comprising a total of around 10,000 terms.

DPMA (2025). Classification of Nice. Available under: https://www.dpma.de/english/trade_marks/classification/goods_and_services/nice_classification/index.html.

Mistakes made during the collision research:

A professional naming process does not end with creative name development. Only the combination of a comprehensive trademark clearance search and precise trademark classification ensures that name ideas are legally registrable, strategically sound, and internationally viable.

Those who approach naming strategically integrate both aspects early in the creative and evaluation phases. Only then can a name fully unfold its impact and position the company successfully in the long term.

Anyone who neglects thorough trademark clearance research and proper trademark classification during name development puts the success of their name at risk.

The legal aspects surrounding the registration and enforcement of a brand name are complex. That is why, as a naming agency, we work closely with experienced legal teams specializing in international trademark law. This ensures that your name is legally protected and strategically well positioned.

As an experienced naming agency, we support you from the initial idea through trademark clearance research and classification to the final name decision. Book a non-binding consultation now. Together, we will find a name that makes your brand strong, secure, and future-proof.