Why search before applying?
You need to be sure your brand, product or service hasn't already been trade marked by someone else.
It's a good idea to check that it's available before you apply, to:
- Save you time and money on an application
- Minimise your chance of your trade mark being objected by someone else
- Avoid infringing on someone else's IP.
We'll perform our own trade mark searches as part of examining your application. If we find any issues, including if a similar trade mark is on the Register in Australia, we'll let you know in an examination report.
What can I find out from a trade mark search?
A thorough search will help you discover:
You'll need to make sure there are no existing trade marks similar to yours. If you find a similar trade mark, check its goods and services. If it's in different goods and services to what you want to use, you may still be able to register your trade mark.
Do a thorough search to cover all possibilities and look beyond exact matches for your idea. This can be a very involved process so if you need help, you may wish to consider getting advice from an IP professional.
There's no such thing as 'international IP protection'. This means that trade marks need to be protected in each country that they're intended to be used. If you have plans to use your trade mark outside of Australia, you'll also need to search for your proposed trade mark in your target countries.
If you find something similar to your brand in your target market, it can be tricky to secure IP protection.
Get early feedback on your application
With TM Headstart, our pre-application assessment service, you'll receive feedback from our examiners and a chance to fix errors before you officially apply.