Trade Mark Searching

A Trade Mark is a sign that is capable of distinguishing the goods and services of one person from those of another person.  A sign can include a word, name, letter, numeral, logo, label, shape, colour, sound, scent, domain name or aspect of packaging.

Trade Mark searching is a highly advisable tool to engage before marketing, promoting or trading a product or company name in the marketplace.  It is important not to underestimate the potential problems and ramifications associated with trade mark infringement or passing off should a trader use a mark or logo that may be considered substantially identical or deceptively similar to that of another trader for the same or similar goods and/or services.  Registration of a business name, company name or domain name does not necessarily afford you any protection or exclusivity in relation to the use of that name.

Our team of highly experienced trade mark searchers offer trade mark searching in Australia and other overseas jurisdictions.  Our searches can be tailor made to suit your specific requirements.  Our searches can range from exact searches to comprehensive, availability searches that include searching phonetic variants of a mark together with searching various common law marks (to locate marks that are used in trade but for which no registration exists).  In addition, our searching service offers device/logo searching, proprietor name searching, colour, scent and shape searching.  Trade marks are classified into an international classification of 45 classes of goods and services.  Please advise us of your goods or service so that we can correctly determine which class/es would be most appropriate to search.  Unlike numerous other searching services, our trade mark searches include investigation in all 45 classes of goods and services at no additional cost.

Trade marks will often represent one of the most valuable properties of a company and can be sold like other types of commercial property.  It is therefore imperative that the trade mark that you use in a commercial sense is available and is free of any encumbrances thus avoiding potential infringement or common law action.

Australian Trade Mark Searching

Intellectual Technology Services offers the following trade mark searching services:

Full availability search (Due Diligence/Infringement)

A full availability search is the most comprehensive trade mark search that covers all 45 international classes.   This search is intended for clearance and infringement purposes and will reveal marks that are considered the same or similar and that may pose potential barriers to the use and registration of a mark. 

Availability searches are considered more comprehensive as they include searching the Trade Mark Office database as well as searching various common law databases.  It is necessary to search a number of common law databases to locate marks that are currently used in trade, but for which no registration exists. 

Full availability searching includes investigation into the following databases:

Full Trade Mark Office Database search

A full trade mark office database search is similar to a full availability search given that phonetic variations are searched within the database.  However, this search does not offer searching of common law databases.  As a result, unregistered marks will not be located.

Exact Search

This search covers all 45 classes, however, it may be necessary to define to the specific relevant class should results prove too large to extract.  This search is also referred to as a registrability search and can indicate whether there any identical marks on the register.

Device (logo) availability search

A device search is designed to locate identical or similar devices, graphics or logos.  A separate search should be conducted if the device (logo) contains any word element.

Proprietor name search

This search option reveals all marks that have been filed under a specific owner or company name. Proprietor name searches can be employed to monitor competitor movement in the market place.

Common law search

This search covers a search of various common law databases only.  It reveals marks that may be used in trade but for which no trade mark registration exists.

Trade Mark Watches

Our service offers a monthly watch on trade mark applications or registrations that may be of particular interest to a business or company. Watches are useful to monitor competitor movement in the marketplace.

Overseas Trade Mark Searching

Our services can search in the following overseas countries:

List of Goods and Services

Classes of goods

  1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
  2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
  3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
  4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting.
  5. Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
  6. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
  7. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs.
  8. Hand tools and implements (hand-operated); cutlery; side arms; razors.
  9. Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
  10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials.
  11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.
  12. Vehicles; apparatus for locomotion by land, air or water.
  13. Firearms; ammunition and projectiles; explosives; fireworks.
  14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.
  15. Musical instruments.
  16. Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks.
  17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
  18. Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
  19. Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
  20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
  21. Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
  22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
  23. Yarns and threads, for textile use.
  24. Textiles and textile goods, not included in other classes; bed and table covers.
  25. Clothing, footwear, headgear.
  26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
  27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile).
  28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees.
  29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats.
  30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
  31. Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
  32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages.
  33. Alcoholic beverages (except beers).
  34. Tobacco; smokers' articles; matches.

Classes of services

  1. Advertising; business management; business administration; office functions.
  2. Insurance; financial affairs; monetary affairs; real estate affairs.
  3. Building construction; repair; installation services.
  4. Telecommunications.
  5. Transport; packaging and storage of goods; travel arrangement.
  6. Treatment of materials.
  7. Education; providing of training; entertainment; sporting and cultural activities.
  8. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.
  9. Services for providing food and drink; temporary accommodation.
  10. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
  11. Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.

Tony Jennings

Tony Jennings is a recognised expert in the field of patent searching, having over ten years experience with leading Australian patent attorney firms. Tony has extensive search experience and training, specializing in chemical structure and Biosequence searches. 

Vanessa Woodrick

Vanessa has several years experience in trade mark searching, trade mark prosecution, the retrieval of patent information and business information from a variety of database and internet sources.  Vanessa brings to the firm expertise in trade mark searching of Australian and overseas trade mark registers and common law databases. 

Trade Mark information links

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