How Do I Search for a Trade Mark With a Logo?
Angus
It is an excellent idea to do a thorough search before applying for a trade mark, to ensure that no similar trade marks are either pending or registered. It is a smart option to broaden the search as much as possible. However, searching is not quite as straightforward as it seems. It takes talent and perseverance, because simply looking for a similar mark is just not enough.
In light of this, IP Australia’s database, the Australian Trade Marks Search, can be beneficial. IP Australia is the government agency in charge of evaluating and registering trademarks after a satisfactory application. Successfully registered trademarks are held in a registry, and IP Australia’s trade mark search allows you to see if a trade mark you are interested in is available.
If you are wondering how to search for a trade mark using your logo, this article will explain the necessary steps.
Conducting a Trade Mark Search
IP Australia provides a free and robust search engine that will assist you in determining if:
- the logo you would like to register is already in use;
- your new product’s name or logo can be registered as a trade mark; or
- there are similar registered trade marks on the market, as well as pending applications, that conflict with yours.
If you discover an existing trade mark that is identical to yours, it might be possible for both trade marks to coexist if the products and services they refer to are not the same. For example, if a logo registered under the beverages class was the same as one registered under the consulting services class, this may be allowed. This is because there is little chance of the two being confused as they operate in completely different industries.
To find a logo, look for it under the options ‘Exact Image’ and ‘Part Image’. Make sure to broaden your search terms as well. Instead of searching for ‘flower,’ try searching for ‘bush’ and ‘plant’, which are both descriptive words for the photos in your graphic logo.
Why Should I Use the Australian Trade Mark Search?
You can check for pending registrations and registered trade marks using the trade mark search. You can see whether a name you are interested in has been registered, helping you determine if your planned logo is available.
Additionally, you will need to find information about trade mark owners via the search if you want to do the following tasks:
- obtain a trademark licence to use the name; or
- invest in the trade mark.
You can find information about trade mark owners using the search, including names and contact information.
Considerations When Using the Trade Mark Search
To find out if you can register a name or logo, use the trade mark search to see if a trade mark is identical or similar to yours that has already been licenced.
If you find a similar trade mark, there are some things to keep in mind. Your trade mark likely cannot be registered if:
- the trade mark is identical or substantially similar to an existing trade mark; or
- the trade mark is identical or similar in goods and services that are similar or closely related.
Due to the factors outlined above, you can check the trade mark search for registered logos that could clash with your logo. For example, if you want to trade mark an image of a dragon, you will need to do more than just look up the exact image you want to register. You would have to look for terms that sound like images. You should also use key words that could bring up images of dragons such as ‘dregen’, ‘drogon’ and so on. This can help you find trade marks that are similar to your own. You will also need to see if a picture of a dragon has been registered. This could prevent the term ‘dragon’ from being registered.
Key Takeaways
Before deciding to search for a logo on IP Australia’s trade mark search, you should consider:
- the terms you are going to search to ensure you find all similar trade marks;
- how to use the trade mark search; and
- whether you should engage a trade mark professional to assist you.
If you have any questions about searching for a trade mark with a logo, contact our experienced trade mark lawyers on 1300 657 423 or fill out the form on this page.
Frequently Asked Questions
You can search for registered trade mark logos using the Australian Trade Marks Search. It is a user-friendly search tool put together by IP Australia.
You can only enter one image at a time. However, you can use the search as many times as you like.