Why choose our free trade mark search?
- Prompt, easy to understand written results
- Expert opinion on whether your chosen trade mark is likely to proceed to registration
A trade mark search is one of the smartest moves a business owner can make – and can save you time, money and a whole lot of angst.
Ideally, a trade mark search should be done before you start using a new name or logo and before you file an application to register a trade mark – ideally at the concept stage of a new business. It should also be done prior to the launch of any new product line, national expansion or signing of any licensing or franchising agreements.
A comprehensive trade mark search is also available and will help identify the possibility that the brand identity you have chosen is already owned by a competitor, even if they don’t have a registered trade mark. Further information on our comprehensive search option can be seen here.. If you don’t do a search, you risk infringing that person’s legal rights and you could be putting the future of your business in jeopardy.
Talk to us about our free trade mark search, which is a great first step – conducted by a a team of experienced trade mark professionals.
Free online trade mark search – we can help
Anyone can do their own free trade mark search using IP Australia’s publicly available database of all existing and pending Australian trade marks (the Australian Trade Mark Online Search System – ATMOSS).
However, trade mark law is complex and it’s not always easy for a lay person to conduct the search accurately and to interpret and analyse the results correctly.
That’s why we recommend our free trade mark search.
Unlike many other free online trade mark searches on offer which are done by automated computer bots, ours are personally and manually conducted by real people. The team at Mark My Words Trademark Services comprise experienced trade marks attorneys and support staff with decades of experience. This experience will ensure that your search is tailored, comprehensive and accurate.
The costs of not doing a trade mark search can be significant, so for peace-of-mind, we recommend you take advantage of our expert-led investigation into the availability of your chosen mark.
- Avoid the risk of your trade mark being rejected
- Prevent legal disputes
- Avoid the financial toll of rebranding
- Save time by doing a search before filing
MMW’s free trade mark search – what it covers
MMW knows what to look for, how to search and what the results mean.
Our free trade mark search will reveal:
- if your chosen mark is the same, or very similar, to another trader’s registered mark
- if your chosen mark appears available to register
- if there is a risk that you already are infringing on another trade mark owner’s rights
- if you need to make any adjustments to your brand to make it more distinctive
What to expect if you use ATMOSS for a trade mark search
ATMOSS is a useful tool for establishing whether there is another business operating in the same market category as you that has the same or very similar trade mark to your intended mark.
You can use ATMOSS to search all types of trade marks such as a word or words, logos, images and phrases using various filters. Advanced filters can be used for a more comprehensive investigation.
The tool can also help identify areas of possible infringement and highlight areas where you need to make adjustments to make your brand more distinctive.
Your search should include:
- Searching for similar trade marks
- Establishing whether your competitors have registered any trade marks
- What classes of goods/services are covered by their registered trade mark
Advantages of using a professional to search rather than DIY
A trade marks professional will look beyond the obvious during the search process. They know the nuances of trade mark law, so they understand all the potential pitfalls – as well as where opportunities lie.
An expert-led trade mark search such as the one offered by MMW Trademark Services will include searches for:
- Similar marks in your intended class of goods/services, or for related activities
- Pending applications
- Design marks
- Areas of potential confusion eg different spellings of a name as well as common misspellings, plurals etc
- Filing dates and how these may impact your application (note that under Australian trade mark law, the person who first uses a similar or identical trade mark has the upper hand, ie the prior continuous use typically wins)
Be sure to consider unregistered (common law) trade marks — marks that don’t appear in ATMOSS but that another party has been using in the marketplace and may have enforceable rights over a later chosen brand. Our comprehensive search discussed above includes these searches.
After the search – what’s next?
If the search results give you the confidence that your intended mark is registrable, you can then go ahead and prepare your application. We can also help you with this process.
If you’re uncertain about the results from a DIY search or you want an expert opinion before proceeding, you can always contact MMW Trademark Services for recommendations on the best way forward.
