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 trademark application, it pays to check whether your brand name is actually available. That's where a trademark search comes in.

What Is a Trademark Search?

A trademark search checks existing trademark 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'd check if a business name or domain is taken, a trademark search tells you whether someone else already has rights to a similar mark.

Types of Trademark Searches

1. Identical Search (FREE)

Checks for marks that are exactly the same as yours. This is a quick initial screen — useful as a starting point, but it won't catch similar-sounding or visually similar marks.

2. Register Search with Written Report

A more thorough search that identifies identical and similar marks on the trademarks register. You'll receive a written report with our analysis and recommendations.

3. Full Availability & Infringement Search

The most comprehensive option. This covers:

• Registered and pending trademarks
• Business names and company names
• Domain names and websites
• Common law (unregistered) rights

This search gives you the fullest picture of whether your brand is clear to use and register.

Why Do You Need a Trademark Search?

1. Avoid Wasted Filing Fees

If a conflicting mark exists, your application will likely be rejected. A search before filing saves you from paying government and professional fees on an application that won't succeed.

2. Reduce the Risk of Infringement

Using a brand name that's similar to an existing trademark can expose you to legal action — even if you didn't know the other mark existed. A search helps you avoid unintentional infringement.

3. Make Informed Decisions

A search gives you the information you need to decide whether to proceed, modify, or choose a different brand name — before you've invested in packaging, marketing, and signage.

4. Strengthen Your Application

Understanding the competitive landscape helps your attorney draft a stronger application with the best chance of success.

When Should You Do a Trademark Search?

• Before filing a trademark application — this is the most common and most important time
• Before launching a new brand, product, or service — catch conflicts before you go to market
• Before rebranding — make sure your new name is clear
• When expanding into new markets — trademark rights are territorial, so a mark that's available in Australia may be taken overseas

How Much Does a Trademark Search Cost?

We offer several search options to suit different needs and budgets — from a free identical trademark search through to comprehensive availability and infringement searches. Get in touch and we'll recommend the right option for your situation.

Get a Free Trademark Search

Want to know if your brand name is available? We offer a free identical trademark search — just tell us your brand name and we'll take a quick look. No obligation, no cost.

Get your free trademark search