Trademark name is a necessity in Australia
When you wish to trademark a specific name in Australia, it’s strongly suggested that you do a detailed research about trademark before you file the application. An inclusive trademark search will give you following information:
- If your chosen mark is register-able in regard to registered marks
- If your chosen trademark will cause infringement to any other registered parties
Trademark search must cover both identical marks in the industry in addition to the marks which are similar to your very own. Similarities might appear:
Numerous businesses make mistake of searching for same marks, while neglecting to classify those trademarks that are incomprehensibly similar to their very own. Even if trademark is similar to another in a mere element, you may still be infringing on rights of registered owner. Your search should include marks protected by common law as well, meaning such trademarks which are presently in use but aren’t registered. Unregistered Trademark Australia don’t have similar level of protection as many other registered marks, but their owners could still take legitimate action against you if they’re capable to prove extensive and consistent use of their trademarks in any kind of business practices.