What is a trade mark search and why do you need one?

An essential and often overlooked first step in business and brand ownership is establishing that your chosen business name is available to trade mark. As discussed in our earlier post, it is possible to register a business name with ASIC without a trade mark, but this leaves you and your business open to several significant risks.

Imagine spending money on your logo and visual identity, business stationery, office signage and promotional materials, only to find out that you can’t trade under your chosen name. Worse still, imagine getting sued for trade mark infringement months or years after establishing your brand in the market and being forced to change your name or products - it’s a risk even for small businesses, as an Australian author recently found out.

Before you finalise your business or brand name, I strongly recommend that you conduct a trade mark search to check it is eligible and available for you to register as a trade mark. A trade mark search will also highlight any risks of trade mark infringements or any prior registered trade mark rights. Once you have a trade mark in place, you know that you are protected.

It is possible to conduct a simple trade mark search yourself using a free tool provided by IP Australia. However, I recommend that you engage a trade mark attorney as you really need to know what you are looking for and where to find it. Trade marks that look or sound similar to existing trade marks, or that reference any other trade marked business, person or brand can also land you in hot water. There are also different classifications and stages for trade mark applications that can easily be missed. The cost of employing a trade mark attorney will be much less than the cost of mistakes made.

Contego Trade Mark Attorneys offer a range of clearance and infringement searches including:

• an identical name search (free of charge)

• a basic trade mark search

• a comprehensive trade mark search

Conducting a trade mark search will allow us to determine the best filing strategy for your brand and provide any specialist advice to ensure that your application proceeds through the applications process without delay. If you’d like to find out more or take advantage of our free initial 30-minute consultation, you can reach me here.