AVOID NASTY SURPRISES OR COURT ACTION

A simple search is about 5% of what we do when our Trademark Attorneys conduct a comprehensive search for you.

Also, we don’t just present results to you to work out if you are infringing. We go one step further than many others and work out whether there is an infringement problem for you, as part of our service.

Our comprehensive searches are critical because they inform you:

(1) whether you are wasting time and money re-inventing the wheel,

(2) assist you to avoid infringing a Registered Trademark, and

(3) whether you would be up for losses or damages (compensation).

What happens with inadequate searching?

Just take a look at our blogs reporting several recent Australian Federal Court actions where Businesses were sued for trading with a Trademark, even when they had a Registered Trademark already.

The largest error when businesses conduct Trademark searches they usually put only the exact word in and it comes up with “0” results.

Search Problem example

For Example, say your proposed Trademark was GHOST and you sell T-shirts.

You do a Trademark Search and the Trademark Register (powered by IP Australia) reports “0 results found” for GHOST – leading you to lodge a Trademark application, and you still happen to get caught because of a trademark in the same field for HOST (without the G).

There are many traps with searching that a Trademark Attorney or lawyer only know how to navigate and you will usually find out when it is too late to turn back.

Trademark Searching Problems:

You need to get the right category(s) or class(es), and failing to do so means you obtain the wrong results.

You need to understand Trademark laws and Court cases to interpret the Trademark results (usually there are spelling differences but how do you know it’s enough to get you out of infringement?).

How do you know to vary the Trademark, and to what extent do you need to vary it? If you search for GHOST the system won’t tell you to look for: GHOOST, GHOSST, GOOST, and HOST, all of which pose infringement concerns that need to be assessed by a professional Trademark Attorney.

Why use a Trademark Attorney for Searching?

Trademark Searching requires substantial legal knowledge, case law understanding and experience to work out exactly how close you are to other comes and to determine your threat level before you invest thousands or hundreds of thousands rolling out the brand into the market, only to find out you have to start all over again, but don’t have any money left to do it.

If you think Court cases won’t happen to you, take a look at our blog section where for example financial planning and an electrical wholesaler got caught.

Don’t delay, fill out our Information Pack Request form to get in first to protect your proposed brand.