Trademark Search

Trademark Search

Has someone already taken your brand?

A trademark search is an essential step that will help you avoid common mistakes, unnecessary costs and legal difficulties.

Free Basic Trademark Search

WHAT IS A TRADEMARK SEARCH?

A trademark search is meant to find out whether someone has already taken your proposed brand. The initial trademark search can be narrow in scope, covering just the official Trade Marks Register (ie the database maintained by the government regulator, IP Australia). That’s because their database includes registered marks and pending applications. It will show whether someone’s already registered your proposed trademark with the government. A more comprehensive trademark search would look much more widely for evidence of business name registrations, web sites and other common law use of a brand or logo. This will reveal whether your brand’s already being used by one of your competitors, even if they haven’t registered it with the government.

WHY SHOULD YOU DO A TRADEMARK SEARCH?

A search will find any conflicting trade marks. A conflicting mark could stop you from registering or using your own mark.

That’s because there are limits on what you can register as a trade mark. They’re set out in Australia’s trade marks legislation (eg the Trade Marks Act 1995) and the relevant case law.

In essence there are two key rules.

First, you can’t have a trade mark that’s already been registered for the same (or a similar) class of goods or services.

Second, you can’t register a mark that’s too similar to an existing registered trade mark.

Our trade mark attorneys have the legal knowledge and practical skills needed to spot any likely problems here – and, if necessary, help you overcome them.

A trademark search is an essential step that will help you avoid common mistakes, unnecessary costs and legal difficulties.

WHAT IS A TRADEMARK SEARCH?

A trademark search is meant to find out whether someone has already taken your proposed brand. The initial trademark search can be narrow in scope, covering just the official Trade Marks Register (ie the database maintained by the government regulator, IP Australia). That’s because their database includes registered marks and pending applications. It will show whether someone’s already registered your proposed trademark with the government. A more comprehensive trademark search would look much more widely for evidence of business name registrations, web sites and other common law use of a brand or logo. This will reveal whether your brand’s already being used by one of your competitors, even if they haven’t registered it with the government.

WHY SHOULD YOU DO A TRADEMARK SEARCH?

A search will find any conflicting trade marks. A conflicting mark could stop you from registering or using your own mark.

That’s because there are limits on what you can register as a trade mark. They’re set out in Australia’s trade marks legislation (eg the Trade Marks Act 1995) and the relevant case law.

In essence there are two key rules.

First, you can’t have a trade mark that’s already been registered for the same (or a similar) class of goods or services.

Second, you can’t register a mark that’s too similar to an existing registered trade mark.

Our trade mark attorneys have the legal knowledge and practical skills needed to spot any likely problems here – and, if necessary, help you overcome them.

Free Basic Trademark Search

The initial free trademark search will determine whether there’s already an identical trademark registered with IP Australia.

We also offer a more exhaustive search that will reveal whether there are overly-similar brands already registered, or being used in the marketplace. If so, we can work with you to help stop objections being raised during the trade mark registration process, or a dispute arising afterward.

WHAT ARE YOUR TRADEMARK SEARCH OPTIONS?

Basic Search Of The Trade Marks Register

Our free trademark search of the Australian Trade Marks Register will identify any marks that are identical to your own. This is a great way to avoid investing heavily in branding for a mark which you’ll struggle to register.

Freedom To Operate Trademark Search

If your free basic search is favourable, we recommend proceeding with a ‘freedom to operate’ trademark search.

This type of search aims to identify registered marks that may not be identical, but are still too similar to your own.

trademark search

So we’ll also search for any unregistered brands which are trading in the Australian marketplace. That’s because certain common law rights to a brand can be developed through marketplace use (even if not registered with IP Australia).

Our freedom to operate trade mark search is the best way to secure quick passage through the government examination process. It will also help you avoid potential trade mark disputes.

CAN YOU DO THE TRADEMARK SEARCH BY YOURSELF?

It’s a common mistake to rely on your own trademark search to be sufficient.

Granted, it is prudent to do some preliminary research into whether someone is already using your proposed trade mark.

But doing a proper, effective trade mark search requires a background in trade mark law. For example, ordinary business people usually struggle to interpret the rules governing trade marks that are similar but not identical.

Engaging us to do a trademark search will also take most of the pain out of the process for you. Our registered trade mark attorneys understand how to deal with the Trade Marks Office and its official operating guidelines.

Plus, our experience makes it easier for us to navigate the government trade mark database, which is very difficult to use properly.

So we’ll help you get a better result, faster, and without the usual frustration of dealing directly with the government.

[Back to top of page]

HOW ACORN TRADE MARK ATTORNEYS CAN HELP

Whether you’re testing the waters with our free trademark search, or ready to undertake a freedom to operate trademark search, we offer quick, easy and budget-friendly services.

In addition, our trade mark attorneys are able to help you by searching trade mark databases overseas, in case you’re trading abroad or considering an overseas expansion.

Naturally we’re willing to have a chat about any other questions you might have about trademark searches. If so, just click on our free consultation link with your question, and we’ll get back to you directly.

TALK TO AN EXPERT

Contact us today for quick, friendly
help with your trade mark issues