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Scam alert
A new email scam has been circulating, which impersonates registered IP attorneys and pressures applicants into filing a trade mark. Exercise caution if you receive an unexpected email about IP rights. Read more: Scams relating to IP rights
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* Trade marks
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o What are trade marks?
- Kinds of trade marks
- What can't be a trade mark?
- Classes of goods and services
o Search existing trade marks
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- TM Checker
o Timeframes and fees
- Price calculator
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o How to apply
- What to consider before applying
- Pre-application service (TM Headstart)
- How to amend my application
o How to respond to an examination report
- How to provide evidence of use
o How to respond to an opposition
+ Trade mark tools
o TM Checker CHECKING A NEW IDEA
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o Trade Mark Manual
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* Patents
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o What are patents?
- Computer-related inventions
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o How to apply
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- Provisional applications
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- How to amend my application
- Innovation patents
o How to convert my application
o How to respond to an examination report
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+ Patent tools
o Australian Patent Search
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* Design rights
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o What are design rights?
- Olympic designs
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- Locarno classification and product names
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o How to respond to a formalities notice
o How to respond to an examination report
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+ Design right tools
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* Plant breeder's rights
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o What are plant breeder's rights?
- Additional rights available
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o Search existing plant breeder's rights
o Timeframes and fees: application part 1
o Timeframes and fees: application part 2
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o How to apply
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- How to name my plant variety
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o How to respond to an objection
o Role of a Qualified Person
- Qualified Persons directory
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+ Plant breeder's right tools
o Australian Plant Breeder's Rights Search
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* What is IP?
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o Types of IP
- IP in everyday life
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o Indigenous Knowledge
- Respectful use of Indigenous Knowledge
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- First Nations Strategy 2025–2030
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o Who owns IP?
o Valuing my IP
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- Engaging a patent attorney
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o Choosing the right IP tool CHECKING A NEW IDEA
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* Manage my IP
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o Multi-factor authentication for Online Services
o Renew my IP right
o How to update my IP right details
- How to assign ownership of a trade mark
o How to commercialise my IP
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o How to prevent infringement of my IP
- How to label my protected plant variety
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o Someone is using my IP
- What to consider before taking legal action
- How to challenge someone else's IP
- Escalate to court
- Farm saved seed
o How to respond to accusations of IP infringement
- How to defend my IP
- IP ownership disputes
o IP insurance
+ Manage my IP tools
o Choosing the right IP tool CHECKING A NEW IDEA
o Business resources
* International IP
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o What is international IP?
o How to search existing IP overseas
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- Prevent international infringement
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o International cooperation
- International trade mark system
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+ International IP tools
o Choosing the right IP tool CHECKING A NEW IDEA
o Business resources
* Trade marks
* Patents
* Design rights
* Plant breeder's rights
* What is IP?
* Manage my IP
* International IP
Home
Trade marks
* What are trade marks?
+ Kinds of trade marks
o Certification trade marks
o Geographical indications
+ What can't be a trade mark?
+ Classes of goods and services
o How to pick classes of goods and services
* Search existing trade marks
+ Why search?
+ TM Checker
* Timeframes and fees
+ Price calculator
* How to apply
+ What to consider before applying
+ Pre-application service (TM Headstart)
+ How to amend my application
* How to respond to an examination report
+ How to provide evidence of use
* How to respond to an opposition
Home
Patents
* What are patents?
+ Computer-related inventions
+ Biological inventions
+ Living organism inventions
+ Plant varieties
* Search existing patents
+ Why search?
* Timeframe and fees
+ Extensions of time
* How to apply
+ What to consider before applying
+ Provisional applications
+ Divisional applications and patent of addition
+ How to write a specification
+ How to request an examination
+ How to amend my application
+ Innovation patents
* How to convert my application
* How to respond to an examination report
* How to respond to an opposition
Home
Design rights
* What are design rights?
+ Olympic designs
* Search existing designs
* Timeframes and fees
+ Extension of time
+ Grace period
* How to apply
+ What to consider before applying
+ Locarno classification and product names
+ How to represent my design
+ Statement of Newness and Distinctiveness
+ Applying for one design right
+ Applying for multiple design rights
* How to respond to a formalities notice
* How to respond to an examination report
* How to respond to a dispute
Home
Plant breeder's rights
* What are plant breeder's rights?
+ Additional rights available
+ Longer duration of plant breeder's rights protection
* Search existing plant breeder's rights
* Timeframes and fees: application part 1
* Timeframes and fees: application part 2
* How to apply
+ What to consider before applying
+ How to name my plant variety
o What to consider before naming
+ Plant growing criteria
+ Plant growing trials
* How to respond to an objection
* Role of a Qualified Person
+ Qualified Persons directory
+ How to become a Qualified Person
Home
What is IP?
* Types of IP
+ IP in everyday life
+ Innovation in history
* Indigenous Knowledge
+ Respectful use of Indigenous Knowledge
+ Protecting Indigenous Knowledge in your business
+ Empowering Indigenous Knowledge and advancing IP systems
+ First Nations Strategy 2025–2030
* Who owns IP?
* Valuing my IP
* Get professional assistance
+ Engaging a patent attorney
+ Patent case management service
Home
Manage my IP
* Multi-factor authentication for Online Services
* Renew my IP right
* How to update my IP right details
+ How to assign ownership of a trade mark
* How to commercialise my IP
+ How to franchise my IP
+ How to license my IP
o Licence royalties
+ Commercialisation and collaboration
o IP management for collaborations
* How to prevent infringement of my IP
+ How to label my protected plant variety
* Someone is using my IP
+ What to consider before taking legal action
+ How to challenge someone else's IP
o Opposition and objection fees
o Evidence in oppositions and PBR objections
o Opposition hearings
+ Escalate to court
+ Farm saved seed
* How to respond to accusations of IP infringement
+ How to defend my IP
+ IP ownership disputes
* IP insurance
Home
International IP
* What is international IP?
* How to search existing IP overseas
* How to apply for IP overseas
* Bring my IP to Australia
* Update and renew overseas IP
+ Prevent international infringement
* International cooperation
+ International trade mark system
+ International patent system
o Frequently asked questions on ISA and IPEA options
o Examination under a patent prosecution highway
+ International design rights system
+ International plant breeder's right system
What are you looking for?
Search
Want to see if your IP right is available? Look up existing rights below:
Trade mark search Patent search Design rights search Plant breeder's rights search
1. Home
2. Trade marks
3. Search existing trade marks
How to search existing trade marks
Check whether your proposed trade mark is the same or similar to other trade marks.
Trade marks
* What are trade marks?
* Search existing trade marks
+ Why search?
+ TM Checker
* Timeframes and fees
* How to apply
* How to respond to an examination report
* How to respond to an opposition
If another registered trade mark exists that's too similar to your own, it may stop you from registering your trade mark, or lead to trade mark infringement.
What to consider before applying
We offer 2 search options:
* TM Checker — provides you with more feedback about the likely success of a registered trade mark application.
* Australian Trade Mark Search (ATMS) — allows you to search for registered and pending trade marks.
Australian Trade Mark Search (ATMS)
Recommended for checking a new idea Advanced searching
Search by text or image upload Compare against existing trade mark logos.
Free AI-assisted check Automated check of common problems.
Apply option Apply for your trade mark with TM Headstart or a standard application.
Advanced search Search by owner names, trade mark numbers and international registration numbers.
TM Checker ATMS search
What we check for in your trade mark
When you apply for a new trade mark our examiners are looking for many different things to help them make a decision to grant you IP rights. This includes checking your legal identity and whether your trade mark classifications are correct.
Similarity and distinctiveness are among some of the many things our examiners are checking when reviewing trade mark applications.
Similarity
These checks involves whether there are already registered trade marks that are similar to yours in Australia.
A trade mark is generally considered too similar (for example, ‘deceptively similar’) to another trade mark if it’s used in relation to the same or similar goods or services and may cause confusion.
Distinctiveness
Examiners will also check your trade mark to see whether other traders may have a legitimate desire to use it (for instance, because it is descriptive). This includes looking at whether for example ‘4x4’ for vehicles is a non-distinctive trade mark.
Tips and examples
Comparing with existing trade marks
You want to ensure that there isn't already an existing trade mark that's too similar to yours, and that your trade mark is distinctive.
The following example shows how an application that shares similar traits to existing trademarks may be rejected by examiners. For each application our examiners are looking at whether there is a real tangible danger of confusion between existing trade marks and your trade mark.
In the following example, we show how a hypothetical application may be too similar to an existing brand, in this case, issues that can arise include similarity of brand names, logo devices or additional slogans.
Logo
Nike swoosh
Tag line
Nike trade mark
Examples of a trade mark being too similar
Brand name too close
Same logo as existing brand
Uses existing tag line within same class
Searching with TM Checker
TM Checker is a free app that helps you decide if your trade mark is likely to face problems when it is examined. It uses AI to quickly check your proposed trade mark based on internally trained data and examinations conducted by us. You don’t need an online services account to use TM Checker, only if you decide to apply for a trade mark. If you decide to apply for a trade mark, you can use TM Headstart, which is tailored for first-time applicants.
Search with TM Checker
Searching with Australian Trade Mark Search
Australia Trade Mark Search contains details of registered and pending trade marks. It will help you understand what's registered as a trade mark, and its classes of goods and services.
You can search by:
* Word
* Phrase
* Image
* Owner
* Goods and services.
There are two ways you can search:
1. Quick search — a general search that allows you to look for trade mark words, owner names, trade mark numbers and international registration numbers. You can also upload an image for an image comparison search.
2. Advanced search — a detailed search that allows you to input complex search queries. This type of search is best suited to those who are experienced in searching for trade marks.
Australian Trade Mark Search
Need help? The Australian Trade Mark Search help centre details how to use the quick search function.
International trade mark search
If you're looking to take your trade mark to another country, you'll need to check if it already exists there.
How to search existing IP overseas
International trade mark search
Consider seeking professional advice
Launching a new brand can involve a significant investment of time and money. To give you more certainty that the trade mark you've chosen is available and is likely to be registrable, you may wish to seek professional advice.
An experienced trade mark professional such as a trade marks attorney or lawyer, can undertake comprehensive searches for prior registered or unregistered trade marks that might pose a risk. They can also provide advice on ways that any risks might be overcome or reduced.
Get professional assistance
Read next
Timeframes and fees
Before you apply, consider the costs involved and the timeline for registration.
Timeframes and fees
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