Register your new business name.
**How to Check Trademark Availability: A Comprehensive Guide**
When starting a new business in Australia, ensuring that your chosen business name is available and not already registered as a trademark is crucial. This process not only prevents legal issues but also helps you establish a unique identity for your brand. In this article, we will explore the importance of checking trademark availability and provide step-by-step guidance on how to do so effectively.
### Why Check Trademark Availability?
Before registering your business name, it is essential to check if the name is already registered as a trademark. This involves searching for existing trademarks that are similar to your proposed name. If your desired name is already registered, you will need to choose an alternative name that is not already in use. Failure to do so can result in legal issues and potential trademark infringement.
### How to Check Trademark Availability
There are several ways to check trademark availability in Australia. One of the most effective methods is to use the Australian Trade Marks Office (ATMO) database. This database contains details of registered and pending trademarks, allowing you to search for existing trademarks that may conflict with your proposed name.
Another option is to use online tools and services that provide trademark search functionality. For instance, the TM Checker tool offered by IP Australia allows you to check if your trade mark idea is available for registration. This tool provides an idea of how long the application process may take and how much it could cost, as well as whether your trade mark can be used in the proposed classes of goods and services.
### Steps to Check Trademark Availability
To check trademark availability, follow these steps:
1. **Visit the Australian Trade Marks Office (ATMO) Database**: Go to the ATMO database and select the “Search Existing Trade Marks” option.
2. **Enter Your Trade Mark**: Enter your proposed trade mark name or phrase to search for existing trademarks.
3. **Check for Conflicts**: The database will indicate whether your trade mark is available for registration or if there are existing trademarks that may conflict with your proposed name.
### Tips for Searching Trademarks
When searching for trademarks, it is essential to cover all bases and search beyond exact matches for your idea. Trade marks that are not identical but still look or sound similar or share important features can conflict with one another. Here are some tips to help you search effectively:
1. **Try Different Spellings**: Consider alternative spellings and words that sound similar to your proposed trade mark.
2. **Search Various Forms of the Word**: Use the “part word” option to cover plurals, suffixes, and prefixes in your search.
3. **Break Up Your Trade Mark into Important Parts and Search Those Parts Separately**: Word and image components should always be searched separately. You should also break up words so you’re searching distinctive elements separately from descriptive elements.
4. **Search Images Using Descriptive Image Terms**: Trade marks containing images can be searched using the Image Terms glossary.
5. **Check the Goods and Services**: It is possible for identical or similar trade marks to co-exist on the register, provided that the goods and services they cover are not the same or similar.
### Conclusion
Checking trademark availability is a crucial step in starting a new business in Australia. By following the steps outlined in this article and using online tools and services, you can ensure that your chosen business name is available for registration and not already registered as a trademark. Remember to register your business name with ASIC to establish a recognized and distinct identity for your business.
**Best Practice: Register Your Business Name in Australia**
For a hassle-free and efficient business name registration process, we recommend using “register.biz.au”. This service provides a comprehensive business name registration solution, including a business name search tool and domain name registration. You can visit their website at https://register.biz.au to learn more about their services and register your business name today.
