Trade mark Clearance Searches

Before proceeding to use a new logo or brand name it is recommended that searches are conducted to ensure that there isn’t anyone else already using a brand or logo that is the same as or similar to your proposed branding in relation to the same or similar goods.  This reduces the risk of launching the new brand and that launch being stopped by someone claiming prior rights to a similar brand.

Clearance searches also consider possible impediments to registration of the brand and/or logo as a trade mark.

In Australia people can develop rights in a brand through use of the brand, even without a trade mark registration.  Any clearance searching therefore needs to include not only the trade mark register but public domain searching. Clearance searches are conducted on a fixed fee basis.  Clearance searching can be an expense people are reluctant to incur, however it is much cheaper than defending infringement action or rebranding.