Take a few seconds to complete the form, we will conduct an obligation free trademark search and email you your free search results, a free professional opinion and a free estimate of costs.
Conducting a free 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.
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. Letting us conduct a free trademark search for your business 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.
It is prudent that you hire a professional trademark expert rather than attempt to conduct a trademark electronic 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.
Free Trademark Search
Our trademark professionals can:
- Conduct preliminary FREE 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.
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 added on top of the professional fees of your trademark professional. The amount you pay is determined by the way you decide to file your application. Quick Off The Mark primarily uses the Headstart pre-assessment method. CLICK HERE FOR OUR GREAT FIXED FEES
Options for Your Free 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. We can conduct your free trademark search for both your logo and your brand name.
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, when doing your trademark search.
For speed, economic and environmental reasons, the government trademarks office is moving towards an entirely electronic system. Whilst it is still possible to file ‘paper’ forms these incur higher (government) fees. Quick Off The Mark follows these best practice procedures by filing applications online rather than using paper based forms.
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.