A trademark availability search is conducted to:
- identify whether your use of the proposed trade mark is likely to infringe a registered trade mark - will you be stepping on someone else's turf?
- identify whether any prior trademark applications or registrations are likely to prevent registration of your trade mark - are there any blockers?
- ascertain whether the trade mark is registrable in Australia in respect of the goods or services of interest to you - can you get a trade mark?
- alert you to possible sources of third party common law rights.
We suggest that you instruct us to conduct a trade mark availability search before substantial expenditure is contemplated and before you commence use of your trademark. While searching can never be deemed to be conclusive or exhaustive, it does reduce the degree of uncertainty.