Free Trademark Search Australia

A trademark search is a database and internet search to determine whether a trademark is currently used or available for registration.

A trademark search can involve a search on the Australian trademarks register,  and also a search in the Australian marketplace for the name.

You can perform an IP Australia trademark search, however according to IP Australia: “Searching is not as simple as it sounds. It requires skill and persistence as merely searching for an identical mark is not sufficient.”

Areas to check/consider/search include: general Google search, ABN LookUp search, ASIC search, trade mark search, and a social media handle search.

Progressive Legal can provide you with further assistance and advice to make sure your brand is properly protected at the best costs.

There are several benefits of doing a trademark search before using or registering a trademark, including:

• Avoiding infringement. A trademark search helps to identify existing trademarks that may conflict with the proposed trademark. This can help to avoid potential infringement issues and legal disputes that can be costly and time-consuming. They can be extremely frustrating and distracting to any business.
• Saving time and money. Conducting a trademark search before using or registering a trademark can save you time and money in the long run. It can prevent the need to rebrand a product or business if a conflict arises and the trademark needs to be changed. You can’t amend the mark to broaden the scope after it is given a filing date and number.
• Strengthening trademark protection. A trademark search can help to identify any potential weaknesses in the proposed trademark that may make it more difficult to protect. This can help to strengthen the trademark and increase its chances of being registered and protected. It’s a really good idea to do this sooner rather than later.
• Enhancing brand recognition. A trademark search can help to ensure that the proposed trademark is unique and not already in use by another company. This can help to enhance your brand recognition and avoid confusion among customers. You want to ultimately stand out from the crowd right?

It is recommended to get an expert to perform a trademark search before using or registering a trademark. This can help to identify any potential conflicts with existing trademarks and avoid legal issues down the road.

Here are some specific situations when it is important to perform a trademark search:

• Before choosing a brand name or logo
• Before deciding on a tag-line, by-line, or  slap-line
• Before applying for trademark registration
• Before expanding into new markets
• Before licensing or franchising your brand.

Progressive Legal can provide you with further assistance and advice to make sure your brand is properly protected at the best costs.

It all depends if the mark is overlapping in the goods and/or services that you intend to provide or partly overlapping. This really should be dealt with on a case-by-case basis and it’s fundamental that you get the right advice from the right expert advisor to make a really considered decision as the consequences can have a high impact on a business. Something to consider as well is when the trade mark was filed, and if they are currently using the mark or not. There may be the potential to apply to have the existing trade mark removed for non-use.

It’s recommended to search the IP Australia database to check there are no identical or similar trade marks already on the register.

In saying that, if you’re filing your application through the TM Headstart system, a pre-assessment application is filed and IP Australia undertakes a preliminary search to check if they anticipate there to be any problems with your application.  This is a quick and cheap way to find out about any potential issues IP Australia will raise before you pay the full filing fees.