What is a trade mark search?
IP Australia maintains a database of all trade mark applications and registrations in Australia. You cannot register the same or similar trade mark which is either ‘substantially identical to’ or ‘deceptively similar with’ a prior trade mark application or registration. These tests are governed by the Trade Marks Act 1995 and Australian trade mark case law decisions. A properly conducted trade mark search will identify any of these types of prior trade marks which might be an obstacle to your use and registration of a proposed new brand name. Once identified, a strategy can be developed to overcome any such issues.
HOW CAN ACTUATE IP ASSIST?
Actuate IP’s qualified trade mark attorneys provide an expert and tailored approach to assisting with the implementation of trade mark strategies, clearance search and trade mark protection for businesses. We work with a close network of overseas trade mark attorneys in all key jurisdictions meaning we can assist you with any international trade mark protection in an efficient way with a clear focus on achieving the right outcome.