Last updated: 
28 August 2019

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Before applying for a trade mark it's wise to conduct a detailed search to make sure there are no similar trade marks already pending or registered. It's a good idea to search as widely as possible.

Searching is not as simple as it sounds. It requires skill and persistence as merely searching for an identical mark is not sufficient.

An IP professional may be able to provide you with further assistance and advice.

In addition to using our Australian trade mark search you can also:

  • search trade mark classifications: will help you decide which class your goods and/or services fall into, to check whether there are other people using a similar trade mark in your class

Using our Australian trade mark search

Our free and comprehensive search system will help you find out:

  • whether the name or logo you want to register is already in use
  • if your new product name or logo can be protected by trade mark registration
  • similar registered trade marks in the market, or pending applications, that may conflict with yours.

If you find a trade mark similar to yours which already exists, it may be possible for both trade marks to coexist if the goods and services they relate to are different. An example of this is ‘DOVE’ on soap in class 3 and ‘DOVE’ on chocolate in class 30. Although both trade marks are for the same word, ‘soap’ and ‘chocolate’ are considered to be different goods, with a different purpose and sold through different trade channels. In this particular example there is therefore no real tangible danger of confusion.

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