You've spent weeks finding the perfect name for your business. You love it. Your designer has started on the logo. Then someone says: have you searched the trade mark register?
Suddenly you don't know what to do. Here's the thing. A trade mark search is free. It takes about ten minutes. And skipping it could cost you thousands in rebranding down the track.
Here's exactly how to do it.
- A trade mark search on IP Australia's database is free and open to everyone
- You need to search your name, logo elements, and the relevant trade mark classes
- A clear search result doesn't guarantee your application will be approved
- Conflicting trade marks can force a rebrand, even years into business
- A professional review gives you certainty a free search alone can't
What is a trade mark search?
A trade mark search checks whether your business name, logo, or slogan is already registered, or too close to something that is.
It protects you from two expensive problems: having your trade mark application rejected, and being forced to rebrand because someone else got there first.
In Australia, trade marks are registered through IP Australia. Their public database is called ATMOSS, the Australian Trade Mark Online Search System. It's free to search and doesn't require an account.
If you skip this step, you're flying blind.
Why should you search before you launch your brand?
Searching before you launch is the single best legal move you can make for your business.
The Trade Marks Act 1995 (Cth) protects registered owners. If your brand conflicts with an existing registration, even by accident, you can be forced to stop using it entirely. That means new branding, new website, new everything.
We've seen it happen to businesses years into trading. The cost of a ten-minute search: zero. The cost of a rebrand: anywhere from $5,000 to $50,000 or more.
The maths is simple.
How do you search the Australian trade mark register?
Go to ipaustralia.gov.au and open the ATMOSS search tool. It's in the 'Trade marks' section.
Type your business name or key brand elements. Use 'Word' mode for name searches. Use 'Image' mode if your trade mark includes a logo or design element.
Filter by trade mark class, the category your goods or services fall into. Classes 1–34 cover physical goods. Classes 35–45 cover services.
Run searches on variations too: common misspellings, phonetic similarities, shortened versions. If your name is 'The Bloom Studio', also search 'Bloom Studio' and 'Bloom'.
What should you look for in your results?
You're looking for anything identical, or deceptively similar, to your brand in the same or related trade mark classes.
Identical is obvious. Deceptively similar is trickier. IP Australia considers how marks look, sound, and what they mean. A mark doesn't have to be a carbon copy to block yours.
If 'Bloome Studio' is already registered in Class 41 (education and training) and that's your industry, your application could be rejected, even though the spelling is different.
Pay close attention to the status of each result too. Active registrations are the biggest concern. Pending applications can also affect your path forward.
What do you do if your name is already trade marked?
Don't panic, but don't ignore it either.
First, check the class. If the existing registration is in a completely unrelated industry, there may still be a path forward. Second, check whether the mark is still active. Expired marks change the picture, but don't automatically clear the way.
Third, and most importantly: speak to a trade mark lawyer before you proceed. This is not the moment for guesswork.
Is a free trade mark search enough, or do you need professional help?
A free search is the essential starting point. But it's not the whole picture.
A professional search identifies risks you'll miss, similar marks in adjacent classes, pending applications not yet visible in ATMOSS, or issues with how your mark will be assessed during examination.
If you're building a brand you plan to protect long-term, a professional review is worth every dollar. It's the difference between hoping you're clear and knowing you are.
I've had clients come to me after building a brand for two or three years, logo designed, website live, marketing running, only to find a conflict that costs them everything to fix. A ten-minute search at the start of that journey would have changed everything. Please, just do the search.
Frequently asked questions about trade mark searches in Australia
Is the IP Australia trade mark search free?
Yes. The ATMOSS database on ipaustralia.gov.au is completely free to use. You don't need an account or pay anything to run a search.
How long does a trade mark search take?
A basic name search takes about ten minutes. A thorough search, including class filtering, variations, and image searches, might take 30 to 60 minutes depending on how common your brand name is.
If my business name is registered with ASIC, do I still need to search?
Yes, absolutely. ASIC business name registration and trade mark registration are completely separate. ASIC registration does not give you trade mark rights. You need to search and register through IP Australia for that protection.
Can I register a trade mark if something similar already exists?
Sometimes, yes. It depends on how similar the marks are, which classes they're registered in, and whether the existing owner opposes your application. A trade mark lawyer can assess your specific situation properly.
Ready to register your trade mark, but want to know you're doing it right? Foundd Legal's Trade Mark Registration Service handles the search, the application, and the whole process from start to finish. No guesswork. No stress.
About the Author
Riz is the Founder & Director of Foundd Legal, a lawyer with 20+ years' experience and a long history of building online and ecommerce businesses.
She helps creatives and online business owners protect and grow their businesses with clear, practical legal tools that actually make sense.
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Disclaimer
We do our best to keep this content accurate and up to date, but laws change, interpretations evolve, and the internet isn't perfect. Occasionally, information may be outdated or contain errors.
This content is for general information only and isn't legal advice. If you choose to rely on it, you do so at your own discretion. For advice specific to your business, you'll need support tailored to your situation.
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