A trade mark may not be registrable where it is considered too similar to a mark that has already been filed with IP Australia.
It is therefore advisable to search the trade mark register for marks similar to your intended mark before filing the application, particularly where money is to be invested into the mark prior to actual registration (a minimum of 7½ months from filing).
Searches can also alert you to any prior marks that are so similar to yours that you may potentially be sued for trade mark infringement.
Marketplace searches are also important as they may reveal similar brands or trade marks that although not registered, may have some impact on your decision to use your intended trade mark.
Searching for trade marks on the registry is a fine art and we recommend the use of a trade mark attorney to conduct these searches before filing for a trade mark. However, you may wish to conduct some preliminary searches yourself using the Australian Trade Marks Online Search System (ATMOSS).
A trade mark search conducted by McIntoshIP will be issued with a full report detailing your prospects of achieving registration.