A common type of trade mark search is known as an availability search, and is for assessing the prospects of being able to register a trade mark, and the risks associated with using the trade mark.

An availability search is primarily directed to the Australian Trade Mark Office database to assess whether there is any trademark registration or trade mark application which can pose an obstacle to registrability of our client's trade mark, or a possible infringement risk if our client proceeds to use the mark. When we conduct a full availability search, we also review other aspects to assess whether anyone else has rights other than rights in a registered trademark which may give rise to such an obstacle or risk, or whether there are other circumstances which might pose an bar to trademark registration.

When an application for trademark registration is filed, it is filed in one or more classes depending on the goods or services for which the trade mark will be used, according to an international classification system. For this reason, a trade mark search is usually limited to specific classes based on the goods or services which the trade mark which is the subject of the search covers.

We typically conduct not only an exact search for the trade mark in question, but also look for trade marks which may be deceptively similar in terms of spelling, sound, appearance and concept. 

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