IP Australia Trademark Search

IP Australia Trademark Search

  • FREE IP Australia Trademark SearchIP Australia Trademark Search – It is vital that you perform a full Australian trademark search before you apply to register your trademark application.
  • A trademark search is a search of Australian trademark databases, used to determine whether or not your mark is still available for use within the region in your Australia trademark application.
  • free trade mark searchYour Australia trademark search should include both official databases and a common law search. You can conduct your own trademark search through IP Australia.
  • An IP Australia Trademark Search will allow you to access a range of essential information

A trademark professional will assist you in determining:

  • Whether your mark, or a confusingly similar mark, is already in use by another party
  • Whether your mark is eligible for trademark registration
  • A general overview of other marks currently within the market
  • Whether the use of your proposed mark will infringe on the rights of other parties

Free IP Australia Trademark Search

IP Australia Trademark Search

You can conduct your own IP Australia Trademark Search for free using the Australian Trademarks Online Search System (ATMOSS). This database searches for confusingly similar or identical marks to your own. It contains all of the important details of currently registered and pending marks. ATMOSS results include words, images, and owner details, as well as a list of the goods and services claimed under particular marks. You can use ATMOSS to not only search for current marks, but to also keep track of the progress of current applications.

There are a number of different search functions available through ATMOSS.

Word or Image Search

Your IP Australia Trademark Search might begin with a word or image search. You can search for part words or exact words.

  • Part Word Search: This search, if conducted on the word ‘bear’ for the sake of example, will include words such as ‘bear’ and ‘bears’.
  • Exact Word Search: This search will only include exact matches for the search term ‘bear’. It will exclude matches for any related words.

You should always begin your trademark search by using the most descriptive words of your trademark. These words are more likely to bring up matches.

In addition to your part word and exact word searches, you should also search for phonetic variations of each word included in your mark. For example, should you be searching for ‘bear’, you should also search for ‘bare’, ‘bearre’, and ‘bair’.

Should you wish to search for an image, you will need to search under both ‘Exact Image’ and ‘Part Image’. You should also search with the most descriptive words included in your image

Free IP Australia Trademark Search

Number Search

In addition to searching, you can also track the progress of a particular trademark application through ATMOSS. To search for a particular application, you must have the application number on hand.

Owner Search

You can search for trademark owners in an advanced ATMOSS search. You can search for the owner by their name under the fields ‘Owner’, ‘Opponent’, ‘Non-Use Applicant’, or ‘Claimed Interest Name’.

In addition to basic and comprehensive trademark searches, ATMOSS provides you with a number of useful functions. You might like to utilise these during your IP Australia Trademark Search.

Classification Searches

You can use the ‘Classification Search and List of Class Headings’ function to find detailed description of goods and services as stated in the Nice Classification, as well as descriptions provided by IP Australia’s Office Determinations. You can use these definitions during your application filing in order to decide which class headings your goods and services fall under.

Trademark Checks

The ‘TM Check’ function can be used to assist business name applications discover instances where their current business names infringe on the rights of other parties. You can use this function if you wish to use your business name without registering it as a trademark, or if you wish to register your current business name as a trademark.

Australian Surname Search

This search function is supplied by the Australian Electoral Office. If your surname is an uncommon name, you might be able to register it as a trademark. Your surname is considered ‘uncommon’ if it occurs less than 500 times within the country. You can use the ‘Search for Australian Surnames’ function to determine whether your name is common or uncommon.

The IP Australia Trademark Search is designed to be as user-friendly and informative as possible. You can contact a trademark professional for further assistance, or use the IP Australia website help functions for simple enquiries.

Alternatively, you can contact one of our trademark professionals at Quick Off The Mark. We can perform a comprehensive trademark search on your behalf at absolutely no cost.

Trademark searches are not as simple as they sound. It is easy to miss or misinterpret important results. Always ensure that your trademark is available for use and does not infringe on the rights of other parties before you submit a formal application.

 Free IP Australia Trademark Search

Let us conduct a free IP Australia Trademark Search

2 Comments so far:

  1. Francis Grundy says:

    Thanks for the run down Wayne. I have always found Australian trademark searches somewhat complex. Your guide has really helped.

    • Hi Francis

      Thank you for your words, and you’re welcome! We try to make the complex issue of trademark registration as easy for our clients as we possibly can. People think that they can simply register a mark if they have been using it. There are lots of reasons why it is not as easy as that.

      The first step on the way to trademark registration is to do a comprehensive trademark search of the trademark database to ensure that you are not infringing on an already registered trademark.

      But equally as important is to get a trademark professional to conduct a full trademark search, or common law search, to ensure that there are no unregistered marks that could become potential problems down the road.

      Thanks Francis

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