Trademark Search – Search for trademarks?

If you are looking to protect your business or you are planning for that in the future, it is a good idea to trademark your business name. Start with a Trademark Search

A trademark search allows you to firstly see if you are potentially infringing on another persons trademark.  

Every day, businesses register business names and create logos that have been trademarked.

Thousands of dollars, sometimes hundreds of thousands of dollars are thrown away because a business owner does not understand that a trademark trumps pretty much everything.

Trademark searches need to be done for Australia and internationally if you wish to expand outside of Australia.

Secondly a trademark search gives you some confidence that you can trademark your unique business or product name should their be little found in conflict.

It is best to speak with a trademark lawyer who understands that it can be simple or not simple at all when registering a trademark. They also understand national vs international trademarks.

What is the difference between international & national trademark search?

National trademarks offer protection of your name or logo in one specific country like Australia or a group of countries that you choose (by choosing the right extension for your needs – For example Japan.).

On the other hand, an international trademark offers protection in all countries of the Madrid System. This is a system allowing for registering a trademark in more than one country with just one application.

Some requirements that should be met in order to file for an international trademark to work:

• first of all, the trademark must be registered or pending registration in your home country or in any other member country of the Madrid System.
• The good thing about this type of registration is that it works with an International Registration File containing a list of all the countries where you want protection.

What if a similar or identical trademark is found?

If it is found that another business has already registered a trademark for the same or similar product/service, there are a few steps to take:

1) You can attempt to negotiate an agreement with the company involved. This will allow both businesses to use the trademark.

2) You could apply for a trademark opposition. This is a lengthy legal process in which the person who owns the trademark can oppose your application on the grounds that it is too similar to their own and causes confusion in the market.

3) You can file a trade mark infringement lawsuit. You will need to show that there has been confusion in the market and that the other business is using your trademark illegally.

This type of lawsuit is often complicated, so you will need an intellectual property lawyer.