When you are considering using trademarks it is always necessary to check for an existing trademark that is similar to yours so you can avoid potential legal issues in the future. It is important that you choose a trademark for your business that is unique and different from any others. This will ensure that your business is not hampered by unwanted legal issues and you will be free to build your company name and market the services and goods you provide successfully.
The purpose of a trademark search is to determine if someone else has already registered your desired image/logo/design. When you apply to register your trademark the registration authority will conduct a search of their records as part of their own examination process. This process is not done for your benefit; they are looking for reasons to reject your application. You can save yourself the time and expenses by doing a search before filing your application.
Before committing to registering a particular trademark you need to conduct a comprehensive search and this will give you access to the information you need to help you find out whether the name or logo you want to protect is already in use, if your new product name or logo can actually be registered and it will also give you an overview of similar trademarks in the market. It will also show you whether or not the use of your new product name or logo will breach another person’s trademark rights.
You can do this search online and find pending applications and registrations by using the Australian Trade Mark On-line Search System. This system allows you to search all existing registrations, pending applications and keep track of their progress. You have the option of logging on or entering as a guest, however if you do not log on all your search results and selections will not be saved for future sessions which will make the process very time consuming so it is advisable to log on. Using this system you can do a word/image search, a number search or an owner search. By entering in words that are relative to the item you are trying to locate you will be able to find and search through results and view the details of any registrations that are similar to yours. Alternatively, you can also enter in the number of a specific trademark you are trying to find if you have the number at hand.