Trade Mark Search

Having an Australian Trade Mark Search conducted before adopting a new name and filing a trade mark application is critical.

The Australian laws presume traders to adopt new names, brands and similar honestly. Failure to conduct these sorts of searches may later work against you should another trade mark owner question the honesty of your adopting of a brand.

Our full availability and infringement Australian trade mark search will identify any conflicting trade marks, ensure your chosen trade mark meets the registration requirements and also will consider whether other parties may have unregistered rights that could pose problems for your chosen trade mark. A full report, 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 begun use of your trade mark.

 If you intend to promote your trade mark outside of Australia we can also assist in trade mark searches in other countries. Where available, we can conduct trade mark searches in a similar manner to your Australian trade mark search. In some cases we may not be able to access the databases of other countries, however in these cases we can engage the services of our international associates to conduct your trade mark search.

How much does a Trade Mark Search cost?

This will depend on the level of trade mark search you choose. All fees can be found here.

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.

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 doing a search is extremely risky and over our many years in business as a 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 will recommend the best and most cost-effective option for you.

So, 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 another person’s 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 a trade mark search should always be considered.

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.

As an affordable trade mark services provider, we’re also very aware of keeping costs to a minimum, so depending on your budget, you could consider one of the following searches:

  • Identical Search
  • Register Search
  • Full Availability and Infringement Search

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 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.

Talk to us about your trade mark search.  We’ll work with you to find the most suitable search option at the most suitable cost.



Free Trademark Search

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Real People, Real Reviews

Mark My Words Trademark Services Pty Ltd
Based on 33 reviews
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Jacqui and Brooke have made the entire process of applying for a trademark an absolute breeze! At every step, from submitting the trademark applications to navigating the subsequent stages and exploring other opportunities, the team made it easy for me to understand and proceed. Thanks to their guidance, our trademarks were ultimately approved. I'm looking forward to a long-term partnership with Mark My Words and thank them for making this important business step stress-free.
We've been clients of Mark My Words for quite a few years now, and not once have I ever doubted that my business is in the very best hands when it comes to handling our IP with trademarks in Australia and throughout the world. Jacqui has expertly guided us through a number of trademark purchases that were straightforward, as well quite a few other instances where we've had to overcome objections, negotiate trademark conflicts, and defending our own trademarks. The communication is perfect and the team always goes above and beyond to make sure we understand our options and possible costs before making any decisions. I highly recommend Mark My Words to any small business needing help with trademarks.
My company, Weyo, invested significant time and money in developing its brand identity so it only made sense to ensure Weyo was a protected trade mark. Mark My Words have been our first and only choice for assisting with our IP and trade mark needs across the world. This was particularly important as Weyo’s first launch was a collaboration with the Wiggles followed closely by collabs with Sesame Workshop and Oddbods so we needed to be sure everything was in place. Jacqui and her team deliver every time. 10 out of 10!!!
Jacqui has been a trusted external advisor to Funlab. Through our expansive and rapid domestic and international journey Jacqui has been a consistent and constant source of counsel. Her professional, proactive and wholesome approach to IP has been welcomed for many years. Thankyou.
Brooke and Jacqui were extremely helpful with a less than straight forward IP matter my company had to overcome. They were really great in keeping me informed of the process as it progressed and we achieved the best outcome.
Mark My Words were the perfect solution to my Trademark registration needs. They have been so professional and thoughtful along the journey, providing me regular updates and a streamlined service. I filled out a few details and they took over from there with no glitches and a wonderful result! I now have a trademarked writing business in Australia and I plan on protecting myself in other countries too. I wouldn’t go anywhere else. Thank you to the team for looking after HeartWriting® Workshops Australia!
Jaqui and staff at MMW have been excellent and very professional. I started with a large company who grossly overcharged and failed to do the necessary work. Still paying them off by the way! Then I found Jaqui and staff who went out of their way to assist for reasonable charges Go with a smaller company and get personalised service like I did. They go out of their way to offer advice at reasonable fees
Wonderful team, with great knowledge and experience in their work.They provide super quick, comprehensive responses to my questions and offer kind advice, regardless of the nature of the job. Such a great team with wise management.they are true professionals.
Our experience with Mark My Words has been excellent. We worked with Jacqui Pryor on US trademark infringement issues with no charge for the email consultation. Jacqui Pryor held my hand throughout the process and walked me through the steps necessary. I am very happy with the effort Jacqui Pryor made and the quality of the work. Her advice is always on point. She was always available and happy to answer any questions which is very helpful in the complex world of trademark infringement. Will continue to use Mark My Words for future IP activities. I would recommend Jacqui Pryor for anyone chasing deep trademark infringement issues.
Best of the best!I wanted to express my heartfelt appreciation to Jacqui L Pryor for her invaluable assistance with my challenging trademark case. Thanks to her expertise, I successfully secured my trademark. I highly recommend Jacqui for her exceptional thoroughness, intelligence, and skill in navigating complex legal matters. 5 stars ⭐️⭐️⭐️⭐️⭐️
Mark My Words have been excellent at getting our logo approved and communicated all the way through the process. Thanks so much. It turned out to be much easier than I had thought it would be due to you guys!
Mark My Words was a game-changer for my business. Being a business owner, it's always a challenge to find the right companies to work with. From the get-go, they grasped exactly what we needed and understood our challenges. Their efficiency and advice was spot-on, and I felt completely secure in their hands. Needless to say, I'm continuing to work with them.
I needed a bit of straightforward advice for my small business, as I wasn't sure if I needed to apply for a trade mark or whether there would be an infringement. Jacqui replied quickly, thoroughly and cleared everything up, with no charge for the email consultation. I'll definitely be back if I need more help in future.
Always friendly and helpful, MMW make the trademarking process really clear and easy.
Jacqui has been amazing in terms of advice and support when considering trademark issues in my business. I felt empowered to make informed decisions and reassured by her knowledge and professionalism. I wouldn't hesitate to engage her services again in the future. Very encouraging, quick to respond and highly professional. Many thanks Jacqui.
Very helpful in navigating all the requirements and answering any questions, making you feel comfortable and confident with the process. Would highly recommend!
Extremely professional service and advice, a very pleasant collaboration, which ultimately led me to successfully obtain approval in what I initially thought was an impossible trademark application process. Special thanks to Ms. Ma.
We tried to register our trademark ourselves and put it in the too hard basket after numerous rejections. We then got on to Jacqui Pryor at Mark My Words and couldn't have been happier with the ease of the process and Jacqui's clear communication style, keeping us informed and stepping us through the process to a successful registration. Couldn't recommend highly enough.
Highly recommended for their exceptional service - consistently professional from beginning to end.
The team at Mark My Words made a complex process extremely simple. Their communication was excellent throughout the process
The staff and Mark My Words Trademark Services were very helpful and always available to clarify any issues.
Great service. Highly recommended to anyone needing trademark legal services.
Jacqui and her team made the whole process so easy and efficient, especially being a busy business owner - it saved me so much time!
So good having Mark My Words handing our trademarking journey. Outstanding service at every stage of the process. Highly recommended!
Amazing service, highly recommended!
Mark My Words have processed the trademark application for my online business and social enterprise I'm Plastic Free. They are very accurate, precise, and very knowledgeable about trademarks. I'll definitely recommend them to any business that wants to protect its IPs.
I have just received my fully trademarked brand; thank you to Mark My Words Trademark Services for your seamless, informative and professional service. You have made a seemingly tough task very easy to deal with,
After months and months of dealings with a previous solicitor over trademarking, Jacqui literally got results in a matter of days.Jacqui walked me through the whole process via email, with very simple explanations and steps. I gained a world of legal knowledge from Jacqui.I would absolutely recommend Jacqui and her team, and will be using her again in the future!
Excellent service for a great price!
We've used MMW extensively across a broad range of trade mark applications in dozens of jurisdictions. The advice has been nothing but correct, actionable and timely. I couldn't encourage using MMWs services more. They are fantastic, reliable and a great addition to a busy in-house legal team.
Thank you for an all round great service,Most pleasant professionals We’ve come across
After weeks of self-directed research into IP and how to best protect myself, I only became more and more overwhelmed and unsure of where to start. After reaching out to Jacqui and the team at MMW, my queries were answered promptly and comprehensively. If it wasn't for MMW I would have wasted money on IP that wasn't registrable or helpful in protecting my brand. Thanks to their skill set and wide range of IP knowledge I could effectively protect my brand now, and for the future.
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