Trade Mark Searches

Highly skilled and qualified trade mark attorneys, offering expert advice regarding trade mark searches, registration, renewal and defence.

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What Is The Importance Of Trade Mark Searches?

Regardless of whether you intend to register a trade mark or prefer to use it without doing so, performing an in-depth trade mark search is essential.

Attempting to register a trade mark or use it in Australia or overseas without first checking if it is not already in use, can put you at risk of infringing behaviour.

Not only can this have extensive legal and financial consequences in terms of compensation or sanctions, but it may also devalue your business and damage your reputation.

A proper trade mark search seeks out details of any identical or significantly similar marks that are already in use. Allowing you to modify a design or logo as needed and move forward with confidence that your trade mark is unique and its associated rights are enforceable.
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The Trade Mark Search & Research Process

A trade mark search in Australia is most often done through the use of IP Australia’s search tool. This accesses their database of all known trade marks and allows you to search using a variety of terms.

These include searching by:
- Word
- Image
- Word phrase
- Class
- Status group
- Goods and services
- Owner Name
- Publication date and more

Internationally, the World Intellectual Property Organisation (WIPO) offers a similar tool.

Just as with IP Australia, a WIPO trade mark search can help you to identify existing trade marks across all member countries before making an application overseas.
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Can I Perform An Adequate Trade Mark Search Without Help?

While it may appear easy to perform a trade mark search independent of professional help, this is not recommended.

There are several nuanced steps involved in performing a proper trade mark search. Without experience in this area, it can be very difficult to ensure you have comprehensively checked for existing marks.

Small omissions in search terms, incorrect use of search fields, not using broad or refined enough terms and more can all see you miss vital information.

For this reason engaging a qualified trade mark attorney to perform these searches for you, whether in Australia or overseas, is considered best practice.

Having a formal attorney performed search can also assist if any allegations of infringement are raised at a later date.
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How A Trade Mark Attorney Can Help

Highly skilled and experienced in all aspects of trade mark legislation, a trade mark attorney is best placed to perform in-depth searches using a variety of research methods and techniques.

Not only using registered trade mark search tools, they dive deeper, checking several sources and using all available resources.

Whether you require an Australian or global trade mark search, a trade mark attorney knows exactly where to look and what to search for to ensure your proposed trade mark is unique and unencumbered.
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IP Guardian - Skilled Trade Mark Attorneys

Highly qualified and with decades of combined experience between them, IP Guardian’s trade mark attorneys provide unmatched support and advice in all areas of trade mark law.

Our trade mark search and application services deliver our clients a stress-free, straightforward method for ensuring novel trade marks and securing protection of your valuable intellectual property.

Where required, our services can also extend to renewals of trade marks and management of trademark infringement.

Committed to protecting Australian enterprise, we endeavour to offer services that are affordable, accessible and with zero compromises on quality.

Leaders in our field, we ensure your trade mark is well-researched, unique, distinguishable and able to be registered and protected in Australia or overseas.
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