Professional Trade Mark Search and Clearance Advice

The type of trade mark search you need depends on what you are looking to confirm.

Preliminary (Free) Search

Used when you want a quick initial check.

A basic review of the Australian Trade Marks Register for identical or near-identical marks. This helps identify obvious conflicts, but does not assess phonetic or visual similarities, or conflicts in related classes that may still prevent registration.

Standard Search

Used when you want to understand whether your trade mark is likely to be accepted.

A detailed search carried out by a registered trade marks attorney. This includes identical marks, phonetically and visually similar marks, and relevant class conflicts, together with an assessment of the likelihood of acceptance. This is the level we recommend for most Australian businesses.

Comprehensive Search

Used when you want a higher level of certainty before committing to a brand.

Includes the standard search, together with additional checks of business name registers, domain names, and common law use. This is appropriate where greater certainty is required before use or where significant investment is planned.

Yes — we encourage you to carry out an initial check before contacting us. IP Australia's public search tool, Australian Trade Mark Search (ATMOSS), allows you to search the Australian Trade Marks Register online at no cost.

ATMOSS is useful for identifying identical or near-identical marks. Enter your proposed name and relevant class to see whether the same mark is already registered.

However, there is a gap between what ATMOSS shows and what you need to assess risk:

• No phonetic analysis — ATMOSS will not identify that “Kwik Kleen” and “Quick Clean” may be considered deceptively similar under the Trade Marks Act 1995
• No visual similarity assessment — A text search will not identify similarities between logos or device marks
• No cross-class conflict identification — Similar marks in related goods or services may still present a risk, even in different classes
• No risk assessment — ATMOSS does not indicate whether a similar mark is likely to prevent registration
• No advice — Search results require interpretation to determine the appropriate next step

A clear result on ATMOSS doesn't mean your trade mark is available to use or register. A professional search provides a considered assessment of availability, risk, and next steps before you proceed.

Identifying a potential conflict is not necessarily the end of the process. The outcome depends on the nature and extent of the overlap. Where our search identifies existing trade marks that may present an issue, we provide clear, practical advice on the available options.

• Proceed with modifications — In some cases, small changes to the name, stylisation, or adding a distinctive element may be sufficient to reduce the risk.
• Narrow your goods and services — If the earlier mark covers different goods or services, it may be possible to proceed by limiting your application to specific classes.
• Proceed with an informed level of risk — Not all similar marks will prevent registration. Where the position is borderline, we explain the level of risk so you can decide how to proceed.
• Consider a co-existence agreement — In some circumstances, it may be possible to negotiate a formal agreement that allows both marks to co-exist on the register
• Choose an alternative mark — Where the conflict is strong, selecting a different name at an early stage is often the most practical option.

The key point is this: it's far better to discover a conflict at the search stage than after you've filed an application, built a website, printed packaging, and launched a marketing campaign. Identifying conflicts early allows you to address them before time and cost are committed.