Conducting a Comprehensive Trade Mark Search
Trade Mark Search
A trade mark search is designed to ensure that your desired brand name or logo is available. It will also confirm that the mark will be registrable and you will not infringe anybody else's 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).
Click here to discover how to conduct a trade mark search in our comprehensive guide.
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).
Click here to discover how to conduct a trade mark search in our comprehensive guide.
How can Adept IP assist?
Preliminary Search |
Comprehensive Search |
International Search |
FREE |
450* |
900* |
- |
*excludes GST |
*excludes GST |
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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 consider our comprehensive search which includes a trade mark register search and a marketplace search.
If you are considering international trade mark protection, we also offer a search that includes the Europe, New Zealand, U.S. and WIPO trade mark databases.
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. This might allow a competitor to adopt or build goodwill in the trade mark or may result in you inadvertently infringing an already registered trade mark.
For more information regarding trade mark searches, please contact us.
If you are considering international trade mark protection, we also offer a search that includes the Europe, New Zealand, U.S. and WIPO trade mark databases.
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. This might allow a competitor to adopt or build goodwill in the trade mark or may result in you inadvertently infringing an already registered trade mark.
For more information regarding trade mark searches, please contact us.
