This greatest issue many new or expanding businesses face is infringing other persons trade mark. Searching is important – really important.
We recommend conducting a trademark search before using a trademark. Even if you have a registered business name or domain name, you may not have the right to use the registered business name or domain name in Australia or overseas. Only a registered trademark provides you with the exclusive right to use a trademark in relation to particular goods and/or services, and in some cases, even with a registered trademark you may still infringe the rights of a third party.
Our Trademark Searching Services
- Registrability Searching – consists of searching of the IP Australia database to identify any relevant trademarks which may conflict with the registration of your trademark. We can also provide you with an opinion as to whether or not your proposed trade mark would be registrable in Australia;
- General Trademark Searching – consists of a broader search to include other databases and media to identify any relevant unregistered trade marks;
- Brand Clearance Search – a full brand clearance search consists of both searching the IP Australia database and conducting a comprehensive search of common law marks to determine if your brand (i.e. logo, word trademark, business name etc.) may infringe the rights of a third party.