Having an Australian Trade Mark Search conducted before adopting a new name and filing a trade mark application is critical.
The Australian laws presume traders to adopt new names, brands and similar honestly. Failure to conduct these sorts of searches may later work against you should another trade mark owner question the honesty of your adopting of a brand.
Our full availability and infringement Australian trade mark search will identify any conflicting trade marks, ensure your chosen trade mark meets the registration requirements and also will consider whether other parties may have unregistered rights that could pose problems for your chosen trade mark. A full report, inclusive of written opinions and recommendations will be sent to you within 5 working days.
Alternatively, a good place to start is with our Free Trade Mark Search, especially if you have not yet begun use of your trade mark.
If you intend to promote your trade mark outside of Australia we can also assist in trade mark searches in other countries. Where available, we can conduct trade mark searches in a similar manner to your Australian trade mark search. In some cases we may not be able to access the databases of other countries, however in these cases we can engage the services of our international associates to conduct your trade mark search.
How much does a Trade Mark Search cost?
This will depend on the level of trade mark search you choose. All fees can be found here.
We’re known for our affordable trade mark services and we offer different types of searches to suit different budgets. More information on the various searches can be found below.
A trade mark search is imperative if you are considering a new name for a business, company, product or service. It should be one of the very first things you do before you invest any time or money developing a strategy around your preferred name. Choosing to implement a new name without doing a search is extremely risky and over our many years in business as a trade mark registration service provider, we have seen far too many entities jeopardised by trade mark infringements because they didn’t do a trade mark search up front.
MMW Trade mark Services can assist you with a trade mark search and will recommend the best and most cost-effective option for you.
So, don’t waste resources and take risks with your trade mark. We recommend you put a trade mark search on your ‘To Do’ list if you’re considering a new name for a business, company, product or service.
This will ensure your chosen trade mark is available and will reveal if your preferred name is too similar to an existing trade mark. If it’s too similar to another trader’s, you may have difficulty securing rights and you may be infringing another person’s rights. This could lead to legal action against you.
MMW Trade mark Services can help you with your trade mark search to ensure that your brand becomes your own valuable asset and that it won’t be stepping on anyone’s toes. Even if you have been using your ‘brand’ and promoting it for some time, difficulties can arise so a trade mark search should always be considered.
Once you file a standard application, the official examination with the government office can take a long time (usually around four months). It is possible to file a Headstart application for a quicker assessment by the government office. However, you may wish to know where you stand before filing at all, and we offer various different types of searches to provide you with this information.
As an affordable trade mark services provider, we’re also very aware of keeping costs to a minimum, so depending on your budget, you could consider one of the following searches:
- Identical Search
- Register Search
- Full Availability and Infringement Search
An Identical Search considers whether there is any absolutely identical trade mark already registered in Australia to your chosen name, for the same/closely related goods or services.
A Register Search considers the Australian trade mark database for any absolutely identical trade marks, or deceptively similar trade marks already pending or registered in Australia that may be raised as ‘too similar’ to yours.
A Full Availability & Infringement Search considers whether there are likely to be trade marks consider to conflict with yours; whether there are any other areas of the Trade Marks Act 1995 that may see your trade mark as not registrable; and whether there are existing businesses and companies in Australia who have used the same name for a while and have ‘prior’ rights and general Internet searches.
Talk to us about your trade mark search. We’ll work with you to find the most suitable search option at the most suitable cost.
