Trade Mark Search
A trade mark search is designed to ensure that your name/logo is available to use, that it will be registrable and that you are not going to be infringing anybody elses rights by using the name or logo.
Types of Trade Mark Searches
There are a couple of different types of trade mark searches available.
These include:
A trade mark register search is designed to identify if there are an identical or similar trade mark marks which have already been registered in Australia that would impact the registration of your mark. It can also identify any similar registered trade marks that you could potentially infringe by using your mark. This search will not identify any unregistered trade marks which may be in use in the Australian marketplace.
A marketplace search is designed to check if any other traders may be using a similar name in Australia in relation to similar goods or services without ever having applied for a trade mark. If someone else is already using a similar name it can be a problem because they may have common law rights to the name (as opposed to trade mark registration rights).
These include:
- a trade mark register search;
- a marketplace search.
A trade mark register search is designed to identify if there are an identical or similar trade mark marks which have already been registered in Australia that would impact the registration of your mark. It can also identify any similar registered trade marks that you could potentially infringe by using your mark. This search will not identify any unregistered trade marks which may be in use in the Australian marketplace.
A marketplace search is designed to check if any other traders may be using a similar name in Australia in relation to similar goods or services without ever having applied for a trade mark. If someone else is already using a similar name it can be a problem because they may have common law rights to the name (as opposed to trade mark registration rights).
How can Adept IP assist?
Adept IP can conduct a variety of structured trade mark searches for you. We offer a complimentary preliminary trade mark register search. Alternatively, you may wish to consider our comprehensive search which includes a trade mark register search and a marketplace search.
We can also conduct an international search which involves conducting trade mark register searches for a variety of overseas countries and international trade mark registers if you are interested in seeking international trade mark protection.
All searches conducted by Adept IP include a search report outlining risks and strategies for protecting your brand.
The golden rule is not to delay the search and registration process as this might give a competitor the opportunity to adopt or build goodwill in the trade mark or it may result in you inadvertently infringing an already registered trade mark.
For more information regarding trade mark searches, please contact us.
We can also conduct an international search which involves conducting trade mark register searches for a variety of overseas countries and international trade mark registers if you are interested in seeking international trade mark protection.
All searches conducted by Adept IP include a search report outlining risks and strategies for protecting your brand.
The golden rule is not to delay the search and registration process as this might give a competitor the opportunity to adopt or build goodwill in the trade mark or it may result in you inadvertently infringing an already registered trade mark.
For more information regarding trade mark searches, please contact us.