Trademark Search Australia: The Complete Guide to Protecting Your New Brand
So, you’re about to launch a new brand.
Maybe it’s taken months—maybe years—to develop, and now, you’re on the verge of putting it out there.
But here’s the thing: have you made sure that your brand name, logo, or slogan isn’t stepping on anyone else’s toes?
Skipping a trademark search in Australia is one of the biggest mistakes new businesses make. The wrong move can lead to legal battles, forced rebranding, and lost customers.
In this guide, we’ll cover how to conduct a trademark search in Australia. By the end, you’ll know exactly what steps to take to protect your brand and save yourself a whole lot of time, money, and headaches.
Why a Trademark Search Matters Before You Launch
Imagine this: you’re all set to launch, website ready, social media accounts live, marketing campaigns lined up.
You’re starting to see the buzz build—and then, out of nowhere, you get a letter from a law firm.
Turns out, the name you’ve worked so hard on is already trademarked, and now you have to pull everything, rebrand, and start from scratch.
I’ve seen businesses lose tens of thousands of dollars this way, all because they skipped the trademark search process in Australia.
A thorough trademark search does three key things for you:
Avoids Infringement: If you launch under a name that’s similar to a registered trademark, you risk being sued for trademark infringement. That’s not a fun experience, and it’s avoidable with the right search.
Saves You from Rebranding: Once you’ve invested in brand awareness, changing your name because of a conflict can be incredibly costly.
Sets You Up for Legal Protection: A proper search ensures you have a clear path to registering your trademark, giving you the exclusive right to your brand.
Step 1: Start with IP Australia’s ATMOSS Database
What is ATMOSS?
The Australian Trade Mark Online Search System (ATMOSS) is IP Australia’s official trademark database. It’s the best place to start your search because it shows all trademarks registered or pending in Australia. And it’s free, so there’s no excuse not to use it.
Search by Keywords
Start by entering your brand name in ATMOSS.
You’ll want to think beyond exact matches and consider phonetic equivalents or similar names. For example, if your brand is “Flexify,” look for variations like “Flexy”, “Flexifi,” “Fleksify”, “Phlexy” etc.
ATMOSS’s advanced search function also allows you to search for words that might contain or sound like your proposed name, so make sure you check out those search options too.
ATMOSS also lets you upload your logo so you can conduct an image search for active marks that might be considered to resemble your logo.
Check All Relevant Classes
Trademarks are registered in respect of specific goods and services, and these goods and services are classified into one of 45 different classes.
Each class represents a different category of goods or services, from software to food to apparel.
You’ll need to check every class that’s relevant to your brand’s proposed offerings. For instance, if you’re launching a fitness apparel line, you might want to search in at least Class 25 (clothing) and Class 28 (sporting goods).
Assess the Goods and Services Descriptions
Even if a similar name exists, it doesn’t mean you’re out of luck.
Look closely at what goods and/or services each earlier trademark covers.
If there’s a brand with a similar name in an unrelated category, you might still be able to proceed.
But remember, if there’s any crossover in categories, tread carefully.
Step 2: Go Beyond ATMOSS—Other Places to Search
ATMOSS is a solid starting point, but it won’t cover everything.
To be comprehensive, extend your search to other areas where potential conflicts might exist.
Check the Business Name Register
In Australia, business names are registered with the Australian Securities and Investments Commission (ASIC).
While these names aren’t automatically trademarks, they can still hold legal weight under common law trademark rights. A search here can help reduce the likelihood of entering the territory of other businesses.
Search Domain Names
Domain names are another critical area.
Many businesses use their brand name as their domain, even if it’s not officially trademarked.
A quick search using a WHOIS tool or a domain registrar can reveal if your desired name is in use or available.
Domain names can be powerful branding assets, so if you find a conflicting one, think twice before proceeding.
Social Media Platforms
Social media is where brands come to life.
A quick search on platforms like Instagram, Facebook, YouTube and TikTok can reveal if anyone is already using a similar brand name.
You’d be surprised at how often people overlook this step, only to find their chosen name already has a following elsewhere.
Step 3: Assessing Risk of Consumer Confusion
Let’s say you find a few similar names during your search. Now what? This is where risk assessment comes in. You need to evaluate whether your brand is likely to confuse consumers.
Similarity of Marks
Think about it from the consumer’s perspective. If your brand sounds or looks too similar to another, especially in the same industry, there’s a potential risk that consumers might confuse the two brands.
ATMOSS might flag some names as “similar,” but this is where the judgement of an Australian trademark attorney would be invaluable.
Similarity of Goods and Services
Next, look at the goods and services.
Marks that cover related products (like two fitness brands) pose a much higher risk of conflict than those covering unrelated goods (say, a fitness brand and a mining brand).
If there’s a potential overlap, even in related markets, consult a trademark attorney to understand your position.
Step 4: When to Call in a Trademarks Attorney
DIY searching is great, but it has its limits.
If you’re serious about getting this right, a trademarks attorney can save you from potential pitfalls. Here’s what they bring to the table:
Spotting Hidden Conflicts
Attorneys have experience picking up on nuanced conflicts—similar marks that a layperson might miss.
They know how to look beyond exact matches and can spot indirect similarities that might not be obvious in a database search.
Like a detection dog trained on target scents, an experienced Australian trademark attorney is trained on hundreds of years of trademark case law; they can sniff out a conflict from miles away.
Understanding Trademark Classes
Picking the right classes is critical, and it’s not as simple as it seems.
A good attorney will help you cover current and future plans for your brand, so you’re not leaving any weak spots open.
Filing the Application Correctly
Trademark applications are technical.
Trademark attorneys ensure all the legal requirements are met and help you respond if IP Australia raises objections. Think of your attorney as your insurance policy against rookie mistakes.
Step 5: Final Steps and Filing Your Application
Once you’ve done your research, it’s time to file your trademark application.
Even if you’re sure your brand name is unique, IP Australia’s trademark examiners may still issue an examination report raising objections based on their own subjective assessments.
If you get one, don’t panic. It’s common, and a skilled attorney can help you respond.
Protecting Your Brand’s Future
Let’s be real—launching a brand without a trademark search in Australia is risky.
Conduct a thorough search, consult a professional if needed, and file your application the right way from the start.
Once your trademark is registered, you’ll have peace of mind to continue building and growing your brand without having to look over your shoulder.
