Australian Trade Mark Search

When it comes to building a brand, registering your trade mark is a smart move, but per-filing search is always helpful. That means searching to see if anyone else already owns the name, logo, or slogan you’re thinking of using.

Searching with IP Australia’s Trade Mark Search Tool

IP Australia offers a free online database called Trade Mark Search (formerly ATMOSS). This database contains all trade marks registered or applied for in Australia, whether active, lapsed, or opposed.

Step-by-Step Guide-

• Visit: https://search.ipaustralia.gov.au/trademarks/search/quick
• Choose your method:
• • Word Search: Use this for brand names or slogans.
  • Image Search: Upload or describe a logo if you’re checking visual elements.
  • Owner Search: If you know the owner or company name.
  • Class Search: Helpful if you want to filter by goods/services (e.g. clothing, software).

• Start with broad terms:

• • Use wildcards like * (e.g. “Tech*” will find “Techie”, “Technica”, “TechPro”).
  • Avoid being too narrow—start with the root of your brand name.

• Refine results:

• • Sort by status: “Registered,” “Pending,” “Opposed,” or “Expired.”
  • Check the Nice Class to ensure the trade mark relates to the same types of goods/services.

• Check the details:

• • Look at similarities in spelling, pronunciation, and meaning.
  • Even different spellings (e.g. “Kwik” vs “Quick”) can lead to confusion.

• Download or print relevant results for reference.

Using the WIPO Global Brand Database

If you’re planning to trade internationally or just want to make sure your mark doesn’t conflict with a foreign brand, use the World Intellectual Property Organization’s (WIPO) Global Brand Database. This tool compiles trade mark data from multiple countries and international systems, including Madrid Protocol filings.

How to Use It-

• Visit– http://www.wipo.int/branddb
• Search by–

• • Brand name
  • Goods/services (optional)
  • Class numbers
  • Country or filing office

• Use image recognition– You can upload a logo or image for visual search, which is great for checking symbols and designs.
• Apply filters–

• • Select by territory (e.g. Australia, EU, US)
  • Choose only “Active” or “Registered” marks for higher relevance

• Evaluate the results–

1. • Check for similar names or visuals, especially those in the same class or industry.
   • Use the legal status and filing history to assess how “live” the trade mark is.

What Counts as a Conflict?

IP Australia assesses not only exact matches, but also trade marks that are-

• Visually or phonetically similar
• Have the same or overlapping meanings
• Used in similar goods or services (under the Nice Classification)

For example, if you try to register “Lykka Coffee” and there’s already a “Lika Kafé” registered in Class 30 (beverages), that might be considered too close, even though the spelling is different.

Tips for a Smarter Search

• Search across all 45 classes as many brands span multiple industries.
• Search for common misspellings and abbreviations of your proposed mark.
• Don’t forget expired or pending marks, as even these can signal risk if they are being revived or opposed.

Doing your own search is a great start, but interpreting the results takes expertise. Just because a similar trade mark exists doesn’t automatically mean your application will be rejected. Context matters, i.e. differences in goods, design, or market presence can help distinguish your mark.

So, whether you’re launching a new business or looking to safeguard an existing brand, our team at LexGeneris is here to help. We handle everything from start to finish, so you can focus on what you do best, i.e. growing your business.

Contact us today to book a free initial consultation or for us to help you secure trade mark rights with confidence.