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Trade Marks are an essential consideration for any business in 2025. They play a vital role in protecting your valuable intellectual property and reinforcing your brand identity.
For instance, your slogan might be a highly recognisable and successful aspect of your business. When customers hear that slogan, they immediately associate it with your brand. It’s an integral part of your identity, so naturally, you’d want to take the necessary steps to ensure it’s properly protected. This is where you’d Register A Trade Mark.
However, not everything can be trademarked. Before applying for one, it’s important to carry out a thorough search to ensure there aren’t any similar trademarks already pending or registered.
A trade mark may later be challenged or even removed if it is too similar to an existing mark or likely to cause consumer confusion, thereby diluting brand reputation and association within the market. There are many examples of such conflicts in practice.
What Is The Australian Trademark Search Tool?
Your first step is to perform a search to check that the intellectual property you intend to register doesn’t already exist. In Australia, this is made simple by using the Australian Trademark Search Tool (ATST). This tool helps you determine whether:
- The name or logo you want to register is already in use;
- Your new product name or logo qualifies for trademark protection;
- There are similar registered trademarks or pending applications that might conflict with yours.
This comprehensive search tool offers several useful functions.
Word Search
Firstly, it enables you to search for words used in a trade mark. This function is exceptionally precise. For example, if you search for ‘Cat’, it will return any trademarks containing the word “Cat” or “Cats” when separated by spaces or punctuation (e.g. Cat-Food). However, it may not pick up variations like “Kat” if you haven’t specifically searched for them.
Thus, it is crucial to try a variety of word variations for the trademark you want to register to ensure any potential similarities are avoided.
Images
Secondly, the tool can search for the image components of a trademark. For example, you can upload an image of your logo, and the search will return results based on visual similarity. It is advisable to upload several iterations-both cropped sections of distinct elements and a full-image version-to ensure no part of your design is already in use.
Combination
Thirdly, it facilitates a search combining both words and images. This function delivers a very specific search outcome, so it might be best used after separately searching the individual components of your trademark.
Ownership
Fourthly, you can search for trademarks owned by a particular person or entity. For instance, if you enter a name (such as “John Edwards”) or a company name (such as “Coles”), the tool will display any trademarks registered under that name.
Trade Mark Number
Lastly, the tool allows you to search by a specific trademark number. This can be done by entering an individual number (for example “1701795”) or specifying a range (for example “1700000-1700010”).
For more detailed guidance on using the ATST, IP Australia provides an updated reference card and an information sheet with handy tips designed for today’s trademark environment.
Before You Use The Australian Trade Mark Search Tool
Before you conduct an Australian Trade Mark search, there are several factors to consider. Firstly, you need to have a clear idea of what you want to trademark in 2025.
As the ATST’s functions demonstrate, if you don’t have a defined trademark, it becomes almost impossible to ascertain whether something similar has already been registered. Our expert intellectual property lawyers can guide you on identifying what aspects of your business are worth protecting, whether it’s your brand name, slogan, or logo.
Another crucial step is determining the goods and services in which you will use your trademark. When applying for a trade mark, you must supply a detailed description of these potential goods or services. It’s a good idea to consult IP Australia’s Trade Marks Classification Search tool to find the appropriate classes. Remember, as of 2025 there remain 45 classes of goods and services, and once your application is filed, you cannot expand this list.
In working this out, consider these four key questions:
- Where do you derive your business income?
- What is the nature of your business?
- What are you known for by your customers or clients?
- Which products or services does your business provide?
The answers to these questions should give you a clear outline of what goods and services your trademark application should cover. Additionally, the Trademark Assist service can provide further guidance on identifying recommended classes tailored to your business.
These considerations will also help you interpret your trademark search results more effectively, ensuring that your prospective trademark aligns with your business objectives.
Understanding The Trade Mark Search Results
The fact that a trademark identical or similar to your proposed one is already registered does not necessarily preclude you from using or registering it. Each trademark registration and application includes a description of the specific goods or services covered. This means that even an identical or similar mark could coexist if it pertains to a completely different product or service.
For example, consider the use of the word “Dove.” If one company registers “Dove” for soap (a Class 3 good) and another wishes to use “Dove” for chocolate (a Class 30 good), the two marks may be perfectly acceptable since the goods are entirely different and marketed via distinct channels. This differentiation is a cornerstone of the trademark system, which aims to prevent consumer confusion.
To illustrate this further, here’s an example:
| Example Imagine using the example of “Dove” applied to soap – which falls under Class 3. If “Dove” were instead used on chocolate, it would be categorised under Class 30. Despite both trademarks covering the same word, the distinct nature of the goods – soap versus chocolate – means that there is little to no risk of confusion. Consequently, a trade mark opposition is unlikely to succeed if the goods and services do not overlap significantly. |
If a conflict does arise, you can apply to have the trademark register updated to limit the description of goods or services. For example, if the “Dove” trademark was registered for both Class 3 and Class 30 items (soap and chocolate) but is only being utilised for soap manufacturing, you could request that the register be rectified to reflect just soap. This limitation might then allow you to register “Dove” for chocolate without conflict.
Limitations
It is important to remember that the Australian Trade Mark Search is only a starting point for the trademark registration process. While it provides broad guidance on what may be available, it does not offer a concrete guarantee. Some similar trademarks might not be identified in the search, which is why professional advice is crucial.
With this in mind, it is always wise to seek legal assistance throughout the registration process to ensure that every aspect of your application is thoroughly checked and correctly filed.
Key Takeaways
Trademarks are a critical component in safeguarding your intellectual property, though they aren’t the only method of protection available. In today’s competitive 2025 marketplace, securing your brand identity is more important than ever.
Our expert lawyers can help your business with a range of legal services, including:
- Copyright Consult
- Register An International Trade Mark
- Register A Design
- Register A Security Interest
- IP Health Check
- IP Licence
- IP Assignment
- Website Terms & Conditions
- Trade Mark Trends
If you’d like further advice, or have any questions for our expert intellectual property lawyers, you can reach out to our legal consultants for a free, no-obligation chat at team@sprintlaw.com.au or 1800 730 617.
As we progress through 2025, the need for robust trademark protection has only grown. With continually evolving technology and the digital transformation of many industries, staying informed and proactive about your intellectual property rights is paramount. By harnessing the enhanced functionalities of the Australian Trademark Search Tool and combining them with expert legal guidance-such as that offered in our Intellectual Property guides-you can confidently secure your brand’s unique identity and focus on growing your business.
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