Do I Need To Do a Trademark Search?

When finding out what you need to do to get your trademark registered, you may have come across recommendations to do a trademark search before anything else. Is a trademark search necessary?

First, let’s go over what a trademark search is. A trademark search is a review of government’s official register of trademarks in order to check if there are any trademarks already on the register that are the same or similar to your trademark. The trademark search report will explain to you how easy or difficult it is likely to be to register your trademark.

Order a Trademark Search

Request your Trademark Search for Australia online, just fill out our short form and we will take care of the rest.

 w Is a Trademark Search Necessary?

A search is not absolutely necessary. If you are just starting out then it will probably be the best options because it will be the quickest way to identify potential problems. On the other hand, ultimately the government will undertake their own searches.   So if you are already using your trademark or are fully committed to it such that an adverse search report would not alter your resolve to seek trademark protection at any rate, then you may consider applying for your trademark without a search.

Benefits Of Doing a Trademark Search

You will know very quickly if your trademark is able to be easily registerable, or not. It may save you sinking money and time into a brand that cannot be protected by a trademark.  Searches can also alert you to any prior marks that are so similar to yours that you may potentially be sued for trademark infringement.

Downside of Getting a Trademark Search

Paying for a search report that isn’t of much use as you will be trying to get your trademark registered anyway.

Anything else I should know?

Yes. In the case of Australia, if you need the examination report from IP Australia quickly, we’d recommend paying the expediting fee so you know in around 2 weeks if your mark is likely to be accepted. In New Zealand, the government will examine your application within 3 weeks. In the United States, you will have to wait a full 4 months for government examination and it is not possible to expedite this process.

You may wish to conduct some preliminary searches yourself using, the Australian Trademarks Online Search System (ATMOSS) or the USPTO and IPONZ website.  However, our experience is that trademark searching requires experience to be done correctly, and clients often assume their trademark is available by simple exact match searches, which is not the case.

Need some advice on this?

If you need some more advice in your particular case, we offer a free initial consultation.

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