- IP 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.
- Your 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
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
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.
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.
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.
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.
Quick Off the Mark® is a division of Mark My Words Trademark Services Pty Ltd (MMW). MMW was founded in 2011 and is headed by Jacqui Pryor, a registered trade marks attorney with more than 16 years experience.
In 2015 MMW acquired Quick Off the Mark®, which is a fast and affordable Australian trademark registration service. Quick Off the Mark® offers fixed fees that are affordable to help Australian businesses register their trademarks.
Disclaimer – The advice provided in this blog is general advice only. It has been prepared without taking into account your business objectives, legal situation or needs. Before acting on this advice you should consider the appropriateness of the advice, having regard to your own objectives, legal situation and needs.