Why every business owner needs to do a trademark search

What you need to know (in a nutshell)

1. Establishing that your chosen business name is available to trademark is an essential and often overlooked first step in business and brand ownership.
2. Conducting a trade mark search is important to protect yourself and your business from potential risks such as trade mark infringement and being forced to change your name or products.
3. It is recommended to engage a trade mark attorney to conduct a trade mark search, as they can provide specialist advice and determine the best filing strategy for your brand to ensure a smooth application process.

Full Article

Before you establish a business or brand, ensure your chosen name is available to trademark. You can register with ASIC without one but this could put you at risk - as we discussed in our previous post.

A costly mistake, even for small businesses. Just ask the Australian author who was sued months after launching their brand - they didn’t realise that trademark infringement would prevent them from using their chosen name or products. Ensure you check before investing in logo and visual identity, business stationery, office signage or promotional materials.

I strongly suggest conducting a trademark search before finalising your business or brand name. This will ensure It’s eligible and available to register, as well as alert you to any prior registered rights that could be infringed upon. Having the right protections in place gives peace of mind.

A free tool from IPAustralia allows you to do a basic trademark search, but it’s best to hire an attorney. Aspects like similar-sounding or referencing other trademarks can get you into trouble, and the application stages & categories are easy to miss.

Investing in a trademark attorney will prove more cost-effective than making costly mistakes.

A trademark search helps us find the ideal filing strategy for your brand and provides expert guidance to ensure a smooth application process.