Having an Australian Trade Mark Search conducted before adopting a new name and filing a trade mark application is critical.
Australian law presumes traders to adopt new names, brands and similar in an honest way. Failure to conduct a search may later work against you should another trade mark owner question whether your brand has been adopted honestly.
Clarity on trade mark eligibility
We have proven expertise in brand protection strategies and our full availability and infringement Australian trade mark search will identify any conflicting trade marks, ensure your chosen trade mark meets registration requirements and will consider whether other parties may have unregistered rights that could pose problems for your chosen trade mark. A comprehensive report from our experienced attorneys, inclusive of written opinions and recommendations will be sent to you within 5 working days.
Alternatively, a good place to start is with our Free Trade Mark Search, especially if you have not yet started using your trade mark.
International trade mark searches
If you intend to promote your trade mark outside of Australia, we can also assist in trade mark searches in other countries. We have a proven track record in international trade marks and where available, we can conduct searches in a similar manner to your Australian trade mark search. If we are unable to access the database of another country, we can engage our trusted international associates to manage your trade mark search.
How much does a Trade Mark Search cost?
The cost depends on the level of trade mark search you choose. Below are the options and associated fees:
- Identical Search: FREE
- Register Search (including a written report with advice): $220.00
- Full Availability and Infringement Search (word marks): $550.00
- Full Availability and Infringement Search (word & image marks): $750.00
We’re known for our affordable trade mark services and we offer different types of searches to suit different budgets. More information on the various searches can be found below.
Why a trade mark search is necessary
A trade mark search is imperative if you are considering a new name for a business, company, product or service. It should be one of the very first things you do before you invest any time or money developing a strategy around your preferred name. Choosing to implement a new name without a search is extremely risky and over our many years in business as a qualified trade mark registration service provider, we have seen far too many entities jeopardised by trade mark infringements because they didn’t do a trade mark search up front.
MMW Trade mark Services can assist you with a trade mark search and our experienced trade marks attorney will always recommend the best and most cost-effective option.
Benefits of trade mark searches
Don’t waste resources and take risks with your trade mark. We recommend you put a trade mark search on your ‘To Do’ list if you’re considering a new name for a business, company, product or service.
This will ensure your chosen trade mark is available and will reveal if your preferred name is too similar to an existing trade mark. If it’s too similar to another trader’s, you may have difficulty securing rights and you may be infringing their rights. This could lead to legal action against you.
MMW Trade Mark Services can help you with your trade mark search to ensure that your brand becomes your own valuable asset and that it won’t be stepping on anyone’s toes. Even if you have been using your ‘brand’ and promoting it for some time, difficulties can arise so we recommend you consider a trade mark search.
Once you file a standard application, the official examination with the government office can take a long time (usually around four months). It is possible to file a Headstart application for a quicker assessment by the government office. However, you may wish to know where you stand before filing at all, and we offer various different types of searches to provide you with this information.
Choosing a trade mark search to suit your budget
As an affordable trade mark services provider, we’re also very aware of keeping costs to a minimum. Depending on your budget, you could consider one of the following searches:
- Identical Search:This considers whether there is any absolutely identical trade mark already registered in Australia to your chosen name, for the same/closely related goods or services. (FREE)
- Register Search: This considers the Australian trade mark database for any absolutely identical trade marks or deceptively similar trade marks already pending or registered in Australia that may be raised as ‘too similar’ to yours. ($220.00, including a written report with advice)
- Full Availability & Infringement Search: This considers whether there are likely to be trade marks considered to conflict with yours; whether there are any other areas of the Trade Marks Act 1995 (Cth) that may see your trade mark as not registrable; and whether there are existing businesses and companies in Australia who have used the same name for a while and have ‘prior’ rights and general Internet searches.
-
-
- Word marks: $550.00
- Word & image marks: $750.00
-
An Identical Search considers whether there is any absolutely identical trade mark already registered in Australia to your chosen name, for the same/closely related goods or services.
A Register Search considers the Australian trade mark database for any absolutely identical trade marks, or deceptively similar trade marks already pending or registered in Australia that may be raised as ‘too similar’ to yours.
A Full Availability & Infringement Search considers whether there are likely to be trade marks consider to conflict with yours; whether there are any other areas of the Trade Marks Act 1995 (Cth) that may see your trade mark as not registrable; and whether there are existing businesses and companies in Australia who have used the same name for a while and have ‘prior’ rights and general Internet searches.
Why choose MMW Trademark Services for your trade mark search?
Talk to us about your trade mark search. We offer transparent, fixed-fee pricing and will work with you to find the most suitable search option at the best cost.
