Search for a trade mark
Before committing to register a particular trade mark it is important that you conduct a comprehensive search to make sure the trade mark you want to use is available. A trade mark search will disclose both registered trade marks and trade marks applied for.
Our comprehensive search resources give you access to the information you need and help you determine:
- whether the name or logo you want to trade mark is already in use
- if your new product name or logo can be protected by trade mark registration
- an overview of similar trade marks in the market
- whether or not the use of your new product name or logo will infringe on another person's rights.
Search pending and registered marks
You can search the trade mark databases at no cost.
Australian Trade Marks Online Search System (ATMOSS)
The ATMOSS database searches for similar trade marks and provides the most important details of trade marks. The search results include words, images, owner details and goods and services claimed.
Classification search and list of class headings
The Classification Search and List of Class Headings provides searches of goods and services descriptions included in the Nice Classification list as well as IP Australia's Office Determinations. This will help applicants decide which class their goods and/or services fall into.
TM Check is designed to help business name applicants more easily identify instances where their business name may infringe an existing similar or identical trade mark filed or registered with IP Australia.
Trade Marks Image Viewer
The Trade Marks Image Viewer is used to view trade marks that contain pictures or fancy typescripts. You can view by individual number or by a range of numbers.
Search for Australian Surnames
The Search for Australian Surnames is supplied by the Australian Electoral Office. You may be able to register a surname as a trade mark if it is not considered a common surname. 'Common' is defined as a name that occurs 500 times or more.
Trade Marks Mainframe
The trade marks mainframe database contains the register of trade marks and records all signs that are protected within Australia under the trade marks legislation. To access this database, you will need TN3270 software. Once you have installed this software, use the following settings:
- host name - mainframe.ipaustralia.gov.au
- port no - 23 (default Telnet port)
- terminal type - 3279 or 3279 model 2 or 3
Business Names Applicant Search Service
For a fee, IP Australia offers a Business Names Applicant Search Service if you want us to check if your proposed business name is identical or very similar to a registered trade mark. Alternatively, you can search our databases for the same information at no cost. The service is a names availability search only, which can be used before you register a business name with ASIC. The service will not tell you whether your proposed name would be accepted as a trade mark.
Searching is not as simple as it sounds
Searching requires skill and persistence as merely searching for an identical mark is not sufficient. We have compiled some information about searching to assist you.
An IP professional may be able to provide you with further assistance and advice.
Last Updated: 21/2/2013