Consider this if…
- You are choosing a new business, product or service name
- A launch, website, signage or packaging investment is approaching
- You want to understand an earlier similar mark before filing
- You are buying a business and need to assess its brand position
- You have received an objection or concern about a proposed name
How it works
Tell us about the mark
Send the name, logo or registration details, the proposed owner and the goods or services connected with the brand.
At the first conversation
We review the position
We identify the searches, records, filing choices or documents required and explain any issue that should be resolved first.
Before work begins
Scope and next steps are confirmed
We confirm the agreed work, fee and expected process in writing, then carry out the searches, application or documents within that scope.
Confirmed in writing
Fee
Quoted in writing before we start
GST inclusive
The scope and fee are confirmed in writing before work begins.
A register search is the starting point
Searching the trade marks register can identify earlier registered and pending marks. The result needs to be assessed by reference to similarity, the goods and services covered, the status of the earlier record and the way the proposed mark will be used.
An exact-name search alone may miss marks that look or sound similar. It may also produce records that appear concerning but operate in unrelated commercial fields. The purpose of the review is to separate meaningful risk from irrelevant results.
Registrability and availability are different questions
A mark may face difficulty because it is descriptive, commonly used or otherwise unable to distinguish one trader. That issue is different from a conflict with an earlier mark. Both should be considered before deciding whether to file, revise the brand or obtain further evidence.
Search before committing to the brand
Early advice can reduce the risk of spending on incorporation, domains, packaging, uniforms, signs or advertising before the legal position is understood. Search findings may lead to a revised name, a narrower filing strategy or a decision to proceed with identified risks.
Information to send us
- The exact word, phrase or logo under consideration
- Any alternative spellings, abbreviations or versions
- A plain-English description of the goods and services
- The proposed owner and intended launch date
- Countries in which the business expects to operate
- Any earlier search results or concerning names already identified
The outcome of the review
We explain the material findings, limitations of the search, registrability issues and practical filing options. A search cannot guarantee registration or prevent every future dispute, but it gives the business a more informed basis for choosing and investing in its brand.
Frequently asked questions
Can I search the register myself?
Yes, but interpreting the results can be more difficult than finding them. Similarity, status and the goods or services covered can change the significance of an earlier record.
Does a clear search guarantee registration?
No. Search results are one part of the assessment. IP Australia may raise other issues, and new applications or evidence may affect the position.
Should the search cover both the name and logo?
If both matter to the brand, they may need separate consideration. A word mark and a device or logo can present different search and registrability issues.
Should I search before registering a company or business name?
Where the name will be a significant brand, early trade mark searching can help before substantial launch costs are incurred. Company and business-name availability do not answer the trade mark question.
Related services
Send the mark or registration details and tell us what you need to achieve.
Ask about this trade mark service