What Is a Trademark Search and Why Do You Need One?

By Hollie Ford · 2026-03-15

Before you invest time and money into a trade mark application, it pays to check whether your brand name is actually available. That is where a trade mark search comes in.

What Is a Trade Mark Search?

A trade mark search checks existing trade mark records to identify whether your proposed brand name, logo, or slogan conflicts with marks that are already registered or pending.

Think of it as due diligence for your brand. Just as you would check whether a business name or domain is taken, a trade mark search tells you whether someone else already has rights to a similar mark, and whether your mark is likely to be accepted by IP Australia if you file.

Types of Trade Mark Searches

Preliminary (Free) Search

Checks for marks that are identical or near-identical to yours on IP Australia's official records. This is a useful starting point but it will not catch phonetically similar, visually similar, or conceptually related marks that may still present a conflict.

Standard Search

A thorough search carried out by a registered trade marks attorney. This covers identical marks, phonetically and visually similar marks, and relevant class conflicts, together with a written report assessing the likelihood of acceptance and a clear recommendation on how to proceed. This is the level we recommend for most businesses before filing. Our fee for a standard search is $600.

Comprehensive Search

The most thorough option, and the right choice where greater certainty is required before committing to a brand. Includes the standard search plus additional checks of business name registers, domain names, and common law use. Starts from $1,500 depending on the number of classes and jurisdictions involved.

Why Do You Need a Trade Mark Search?

Avoid wasted filing fees. If a conflicting mark exists, your application is likely to face objection or refusal. A search before filing saves you from paying government and professional fees on an application that was never going to succeed.

Reduce the risk of infringement. Using a brand name that is similar to an existing trade mark can expose you to legal action, even if you were unaware the other mark existed. The High Court's 2026 decision in Zip Co Limited v Firstmac Limited is a recent reminder of exactly how costly that situation can become. Zip Co conducted internet searches before launch, believed the name was available, and then received adverse examination reports from IP Australia identifying a conflicting earlier registration. They proceeded without seeking legal advice. The Court found they could not rely on the honest concurrent use defence, and Zip Co has since announced it will rebrand its Australian business. A proper clearance search before launch is what prevents that situation from arising.

Make informed decisions before you commit. A search gives you the information you need to decide whether to proceed, modify the mark, or choose a different name before you have invested in packaging, marketing, and signage.

File from a stronger position. Understanding the risk landscape before filing means your application can be drafted with the right scope and specification, improving the chances of a clean acceptance.

When Should You Do a Trade Mark Search?

Before filing a trade mark application. This is the most important time. Filing without searching is one of the most common and most avoidable mistakes we see.

Before launching a new brand, product, or service. Identify conflicts before you go to market, not after you have committed to a name.

Before rebranding. A new name can look available without being legally clear. A proper search confirms the position before you invest in the rebrand.

Before expanding into new markets. Trade mark rights are territorial. A mark that is available in Australia may already be registered overseas. If international expansion is planned, your search scope should reflect that early.

How Much Does a Trade Mark Search Cost?

If you are not sure which level is right for your situation, get in touch and we will advise before you spend anything.

Start with a Free Trade Mark Search

If you have a brand name in mind and want an initial read on availability, we offer a free preliminary search of IP Australia's official records. No obligation and no cost.

Get your free trade mark search

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This information is general in nature and does not constitute legal advice. Signify IP Pty Ltd. Hollie Ford is a Registered Trade Mark Attorney (Trans-Tasman IP Attorneys Board).