What is a search?

Before filing for a TM Headstart, you should conduct a search to see if there are any trade marks already being used by other traders, which may affect the likelihood of your trade mark being registered.

Searches can be conducted using online databases for trade marks or by an IP Professional.

What's involved in filing for a TM Headstart?

TM Headstart is an optional service which is simple and fast. Your application will be assessed by IP Australia to see if it conflicts with existing trade marks and adheres to the Trade Marks Act 1995.

To complete an online form, you will need to nominate the relative goods or services which your trade mark will be classed in.

Within 5 days, IP Australia will provide you with an initial assessment to help you determine if your trade mark is likely to be registered. It is not a guarantee that your trade mark will be registered, rather a good indication.

What does IP Australia say about my brand or logo?

IP Australia will call you with the results of your assessment. You will be told if it meets the assessment criteria and if you have any issues to address.

As you have not yet applied for registration, you are able to make changes to your trade mark. If you make major changes or additions, a New Representation Fee may apply as your trade mark will need to be reassessed.

What happens next?

You have 5 days to decide if you wish to proceed with your application for a trade mark. Your request will formally become a trade mark application and a reduced application fee will apply.

At this point you may decide not to continue with your trade mark request. IP Australia will send you a brief report of your trade mark assessment.

More information

1. Learn more about TM Headstart