Comprehensive trade mark search in Australia

How to check trade mark availability

When working out how to check trade mark availability, the first question is what you want to protect. A word, a logo and a combination of the two may call for different searches. The second is how the mark will be used: the goods and services matter when assessing an existing registration or application.

You can begin with ATMOSS / Australian Trade Mark Search. Review relevant similar marks as well as exact matches, and check the status and coverage of each record. If the result is unclear, legal advice can help you decide whether to proceed, change the proposed mark or investigate further.

IP Australia’s free tools are useful starting points for a trademark name availability search. A paid search should add a reasoned assessment and practical options for your particular business.

What our comprehensive search includes

Our Australian register search service covers:

• Consideration of the trade mark and the goods or services you describe.
• Advice on the relevant trade mark class or classes.
• A search of the Australian register for relevant existing marks.
• Assessment of the risk that relevant marks may be raised against your application.
• Advice on registration prospects and the options available to you.

We will need an accurate description of your plans. If you sell a physical product and also provide a related service, tell us about both. If the brand is already in use, explain when that use began and where.

What you receive from the advice

You receive an explanation of the relevant search findings, an assessment of registration prospects as low, moderate or high, and practical options for your proposed application. We explain the concerns behind that assessment so you can weigh them against your business plans.

That may mean proceeding with an application, reconsidering the name or logo, refining the proposed coverage or investigating a particular issue in more detail. A difficult result is a reason to understand the risk before spending more on the brand.

No search can guarantee registration or eliminate the possibility of a dispute. The advice depends on the agreed scope, the available records and the information you provide.

A preliminary search and a comprehensive search serve different needs

A preliminary search can identify obvious register results. It can be a useful first check while you are narrowing down possible names.

A comprehensive search provides a more detailed assessment for a proposed application. It is particularly useful when you have a preferred brand and need to understand the significance of similar marks before investing further.

If your concern includes broader rights to use a brand, discuss that expressly. Searches of business names, trading activity, overseas registers or other sources should not be assumed to be included in an Australian register search. Our trade mark clearance search guide explains why the wider question matters.

When to arrange the search

Consider the search while your plans can still change. Useful points include choosing a business name, preparing a product launch, commissioning a new identity or expanding into a different line of business.

If packaging has already been printed or a launch announced, tell us. Those commitments do not decide the legal position, but they matter when discussing practical options and priorities.

What to send us

Please provide the proposed word or logo, a description of the goods and services, the intended owner and any existing search results. Include countries you plan to trade in and your anticipated launch date.

For a logo, send the version you intend to use. For a name, tell us whether it will be used alone or alongside another brand. If several options are being considered, identify them so the search scope can be agreed.

Search fees and the next stage

Ask us for a quote based on the marks and scope you need assessed. The search engagement is separate from filing an application unless your quote expressly includes both.

If you decide to proceed, our Australian trade mark registration service can assist with the application. You can also pause or reconsider the brand after receiving the advice.

Common questions