Question: How Do I Check That My Trade Mark Idea Isn’t Taken?
Answer:Before you apply for a trade mark, it is essential that you have conducted a thorough search for similar registered and unregistered trade marks. This will ensure that your trade mark idea isn’t already taken by another business.
How Do I Know if a Trade Mark is Registered?
The IP Australia Trade Mark Search database is an excellent starting point. This database allows you to search all Australian trade marks, including those that are:
- pending;
- registered; or
- lapsed.
When searching, you should also search for slight variations of the trade marks you plan to register. Make sure to include:
- plurals;
- common misspellings; and
- phonetically similar words.
The database is not limited to word marks, and you can also search for logos by uploading an image.
There is also an advanced search option which allows for a more specific search. This is particularly useful if you want to search for marks that are registered in a similar class of goods and services as your business.
How Can I Search for Unregistered Trade Marks?
In most circumstances, searches outside of the IP Australia database are necessary to ensure that there are no conflicting unregistered trade marks. You should conduct a basic search on the internet to see whether your word marks or variations of it are being used within your particular industry.
Aside from ensuring that your trade mark is not infringing on the rights of another business, these searches are essential to ensure you do not breach Australian consumer laws. The law protects consumers from the misleading or deceptive conduct of sellers. If you use a similar trade mark to another operator in a similar set of goods and services as your business, misleading and deceptive conduct may be claimed.
