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What You Need to Know About a Trademark Search

The first step in the trademark registration process is conducting a trademark search. A successful trademark search begins with understanding what you can trademark. Trademarks are only one subset of intellectual property, and they can easily be confused with other types of intellectual property such as copyrights and designs.

The easiest way to think about trademarks is to associate it with your brand. They can be a combination of words, phrases, shapes and logos which distinctively identify your business from others. It is important that you do not confuse trademarks with other forms of intellectual property, as otherwise, it can result in a waste of time and money.

Conducting a trademark search requires persistence, time and expertise. It will be prudent to search widely to ensure that there are no pending or existing trademarks. Merely searching for an identical trademark will not eliminate the risk of infringing someone else’s intellectual property rights. LegalVision’s lawyers can help mitigate your risk by conducting a thorough trademark search.

How Can LegalVision Help With Your Trademark Search?

The most successful trademark applications begin with a robust trademark search strategy. LegalVision’s trademark lawyers are qualified professionals who have a wealth of experience in conducting trademark searches using the Australian Trade Marks Online Search System (ATMOSS), the Madrid eFile System (for international trademarks)  and other associated tools.

At a minimum, our lawyers will provide comprehensive trademark searches and a consequential report which will outline:

  • Whether someone has an identical trademark already in use;
  • Whether your new trademark will be protected by registration and the likely success rate;
  • If any existing trademarks conflict with your mark;
  • The correct goods and services classification of your trademark;
  • Any recommendations and opinions about your trademark registration search

What About International Trademark Searches?

International trademarks have a similar yet distinct search process. As each country has its own unique trademark laws, individuals will need to seek protection from each country. LegalVision’s trademark lawyers can help assist in this process, ensuring a fast and successful application. You can read more about international trademarks on our dedicated page here.

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