What is a trade mark clearance search?

A search of existing registered trade marks to see whether a proposed name conflicts with anyone else's rights. It tells you how likely an application is to succeed and whether using the name could infringe someone else's mark, before you invest in it.

Can I trade mark a product name that describes the product?

It is difficult. Names that simply describe the goods or their qualities are usually refused. Adding distinctive elements, or choosing a more inventive name, improves the chances considerably.

Do I need a separate trade mark for each product?

If each product is sold under its own name, yes. A registration protects only the mark as filed, in the classes covered. Brands with several products usually build a portfolio of marks covering the main brand and each key product name.

Protecting a supplements brand: clearance searches and more than 20 trade mark applications

A London health and wellness supplements company protecting its product names, with every name searched, risk-rated and filed in the form most likely to succeed

By Malcolm Zoppi20 October 2026Retail and e-commerce

Key facts

Deal type: Other
Acting for: The company
Business: Health and wellness supplements brand, London
Sector: Retail and e-commerce
Deal value: Not applicable
Structure: Clearance searches, risk reports and trade mark applications for more than 20 product names
Timescale: Searches, report and filings in one programme
Completed: Summer 2024
Lead solicitor: Malcolm Zoppi

At a glance

A London health and wellness supplements brand wanted to protect the names of its products. We ran a clearance search on each name, reported on the risk and the chances of a successful application, recommended alternative versions where a name looked likely to run into trouble, and filed more than 20 trade mark applications. The programme completed in the summer of 2024.

The client and the objective

In supplements, product names do a lot of selling. The company wanted to stop competitors using the same or similar names, and to make sure it was not itself infringing anyone else's marks before investing further in its products.

What we did

A clearance search for each product name against existing registered marks.
A report rating the risk for each name and the likelihood of a successful application.
Recommendations for alternative versions of names that were at risk.
More than 20 trade mark applications filed in the relevant classes.

Key legal issues and how we solved them

Search before you file

Filing without searching risks opposition from existing owners, refusal by the registry, or worse, a claim that the product name infringes someone else's mark. A clearance search answers those questions before money is spent on applications, packaging and marketing.

Descriptive names

Health product names often describe what the product does, and descriptive names are hard to register. Where a name was likely to be refused on that basis, we recommended variations with a better chance of success.

The right classes

A trade mark protects a name only for the goods and services it is registered for. The applications were filed in the classes that cover supplements and the company's related products, so that the protection matched how the products are sold.

Outcome

The company now has applications on file for its product range, each one searched and assessed first, giving it a protected portfolio of product names.

What this deal shows

Search every name before you file it, and before you print it.
A descriptive name is easy to sell and hard to protect; small changes can make the difference.
A brand with many products needs a portfolio approach, not one-off filings.

“Every product name was searched and rated before it was filed. That is how you build a brand portfolio rather than a list of applications waiting to be opposed.”
Malcolm Zoppi

Related deals

Independent legal advice on a settlement agreement for a departing employee

Advice to a resigning employee on the terms of the settlement agreement offered by their employer, before signing away their claims

OtherOther

Frequently asked questions

: A search of existing registered trade marks to see whether a proposed name conflicts with anyone else's rights. It tells you how likely an application is to succeed and whether using the name could infringe someone else's mark, before you invest in it.
: It is difficult. Names that simply describe the goods or their qualities are usually refused. Adding distinctive elements, or choosing a more inventive name, improves the chances considerably.
: If each product is sold under its own name, yes. A registration protects only the mark as filed, in the classes covered. Brands with several products usually build a portfolio of marks covering the main brand and each key product name.

Free initial consultation

Get the specialist support you need

Buying, selling or running a UK company? Book a free initial consultation and I will tell you what the work involves, what it is likely to cost and how long it should take.