Filing for trademark registration can be costly, as well as the process is long: therefore it is good idea to conduct your personal trademark search prior to you file your application. The governing body for trademark law in Australia, IP Australia has a variety of search resources accessible to you. You must also think about seeking the recommendation of a trademark lawyer before you file your application.
How to Conduct Your Own Trademark Search
The first thing in conducting your individual trademark search is to carry out a groundwork search of IP Australia’s databases. By executing this informal search, you will uncover results of whether or not your mark is presently being used by any registered or unregistered party. If you try to register a mark that is previously being used, you may be held legally responsible for trademark infringement, even though the other party has not officially registered their mark. By conducting a prelude trademark search, you can swiftly disclose whether your mark is exclusive and unexploited by other parties, and you can as well avoid being sued for violation. You should as well access the search tools of IP Australia. You can set up by using the ATMOSS database. Use this database to find out whether your projected mark is being used for products or services that are akin to your own: for instance, you might desire to register your mark as the branding for your individual line of hair products. You should search for related marks on hair oils, hair bands, shampoo bottles, hair sprays, as well as other related products.
Keep in mind that the findings of your early search cannot advise you whether or not your mark is entitled for registration. The idea of this preliminary search is to find out whether your mark can be used at all or not.