Trademark Search

Conducting a trademark search is essential when you are applying for a trademark.  A trademark search reveals conflicting marks that have the potential to prevent your own mark from being successfully registered. If your mark is confusingly similar or identical to another registered mark, the trademark holder might move to block your application to protect their own rights.

Trademark Search Australia

Designing your own unique trademark can involve a substantial investment. Consider that you will need to incorporate your mark into your company’s stationery, marketing collateral, and product packaging: anything your manufacture must carry your brand. Conducting a trademark search early can make that investment worthwhile. By unearthing similar marks, you can avoid having to alter your own mark in response to a claim of infringement.

Trademark Search Australia

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It is prudent that you hire a professional trademark expert rather than attempt to conduct a trademark search on your own. A trademark search can be complex, as they must identify marks that are not only identical, but also similar to your own. For your search to be effective, you must have a sound knowledge of Australian trademark search law, as well as a broad understanding of how each trademark search database operates.

What Services Can We Provide to You?

Our trademark professionals can:

  • Conduct FREE preliminary trademark search of Australian database to unearth marks that are identical to your own trademark.
  • Conduct a further standard trademark search of Australian databases to reveal marks that are identical to or confusingly similar to your own trademark. This basic trademark search will tell us whether your mark is suitable for registration. It will also tell us whether there are any risks of infringement against other parties.
  • Conduct a comprehensive trademark search or full availability trademark search for marks that are both registered and unregistered and similar to your own trademark. This search is conducted because a third party, even without trademark registration, can still gain some rights against infringement by proving extensive market usage.
  • Conduct an international trademark search and full availability search of most overseas databases.

We can also conduct a strategic trademark search to determine:

  • Popular industry trends shown in the use of trademarks
  • The initiatives of your competitors within the marketplace
  • Potential infringers on your mark.

We can also provide you with further information on any trademark search related issues that you might have.

Trademark Search Australia

The Cost of a Trademark Search

The cost of your trademark search is determined by the type of trademark search you wish to conduct. IP Australia, the governing body for trademark law, charges fees associated with filing and registration of trademarks. These costs are generally added on top of the professional fees of your trademark professional. Generally, the least you will pay for an official application and registration fees is approximately $500 – $200 of this being the cost of application, and $300 for registration. The amount you pay is determined by the way you decide to file your application.  CLICK HERE FOR OUR GREAT FIXED FEES

Options for Filing Your Trademark Search

Your options are determined by the number of marks you are applying for. Often, clients apply for either one or two marks simultaneously. For instance, if your mark was a logo that including both a picture and a name,  you would register both the business name and the logo as a whole, and these would be regarded as two separate trademarks.

Similarly, the manner of which you apply will be determined by the number of classes your products and services cover. Trademarks are divided into 45 different classes, and on your trademark search, you will need to specify the classes that you want your mark registered under.

You can also choose to apply either online, or in physical form. It can be cheaper to apply online rather than to apply using paper-based forms. Generally, applications are made online, due to both economic and environmental concerns.  At Quick Off The Mark we only use the online express format for speed.

When you’re filing your application online, you have the option of utilising IP Australia ‘Goods and Services Pick List’. This is an online tool created to assist you place your products and services into the appropriate classes. This is a handy tool if you are not seeking the advice of a hired professional: however, it is prudent have a trademark professional assist you in filing your application and doing your trademark search to avoid complications further on in the application process.

Trademark Search Australia

Contact Us NOW to discuss your Trademark Search

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