Insight · IP & Brands

Trade Mark Search Australia

Published 25 August 2026

How to search the Australian register properly — and the four checks most people skip before committing to a brand.

In short

You can search the Australian trade mark register for free using IP Australia's Australian Trade Mark Search. To be useful, the search has to cover variations and phonetic equivalents of the word, the correct classes of goods and services, and the unregistered layer — business names, company names, domains and common-law use — that the register does not show.

Most brand disputes we see were avoidable. Someone typed their name into IP Australia's search, saw no exact match, and started printing. A trade mark search is not a yes or no lookup — it is a risk assessment across several registers and several classes.

Step 1 — search the register itself

IP Australia maintains the Australian Trade Mark Search. It is free and public. Search the exact word first, then run each of the following:

Variations — singular and plural, hyphenated and joined, with and without a descriptive suffix ("Group", "Co", "Digital").
Phonetic equivalents — the test in Australia is deceptive similarity, and sound matters. "Kwik" conflicts with "Quick"; "Zenity" conflicts with "Xenity".
Misspellings and near misses — how the mark would look if a customer typed it from memory.
Image and logo elements — if your brand relies on a device, search by image code, not just words.

Step 2 — get the classes right

Australia uses the Nice Classification: 45 classes, 34 for goods and 11 for services. Rights are granted per class. This is where most self-run searches go wrong. A registration in class 35 for retail services does not protect the garments themselves (class 25) or the software (class 9). Searching only the class you plan to file in also misses conflicts in classes where goods and services are treated as similar or closely related.

Before searching, write down what you actually sell today and what you realistically sell in three years. That list drives the classes — not the other way around.

Step 3 — search outside the register

The register is only half the picture. An unregistered trader with earlier reputation can stop you through passing off and misleading or deceptive conduct under s 18 of the Australian Consumer Law, even with nothing filed. So the search should also cover:

ASIC business names and company names.
Domain registrations, including .com.au and .com.
Social handles and app store listings.
Ordinary web search for traders using the name in your sector.

Step 4 — read the results properly

A hit is not automatically fatal, and no hit is not automatically clear. What matters is:

Status — is the earlier mark registered, pending, lapsed, removed or opposed? A lapsed mark is not a barrier; a pending one may become one.
Similarity of the marks — assessed as a whole, by look, sound and idea conveyed, from the perspective of a consumer with imperfect recollection.
Similarity of goods and services — s 44 of the Trade Marks Act 1995 (Cth) turns on similar or closely related goods and services, not identical ones.
Actual use — a registered mark unused for three years can be exposed to a non-use removal application under s 92.
Distinctiveness of your own mark — a descriptive name may not clear s 41 regardless of what else is on the register.

What to do when there is a conflict

There is almost always a commercial path forward. In practice, the options are:

Narrow the specification so it does not overlap with the earlier mark's goods and services.
Add a distinctive element so the marks are no longer deceptively similar as wholes.
Seek consent or a coexistence agreement from the earlier owner, with agreed fields of use.
Challenge the earlier mark by non-use removal where it has not been used for three years.
Change the name now — the cheapest option by a wide margin if you have not launched.

What a clearance search adds

A register search tells you what is filed. A clearance search gives you an opinion: whether the mark is registrable, whether it is likely to attract a s 44 objection at examination, whether use would infringe an existing registration, and what to do about it. We do this on a fixed fee, with a written opinion, before you spend money on branding. See our trade marks service page and trade mark lawyers in Sydney.

Frequently asked questions

How do I search the Australian trade mark register?

Use IP Australia's free Australian Trade Mark Search. Search the word, then search variations, phonetic equivalents and misspellings, and filter by the classes of goods and services you actually sell in. A single exact-word search is the most common reason a conflict is missed.

Is a trade mark search free?

Searching IP Australia's register is free. What costs money is the analysis — assessing whether an earlier mark is deceptively similar to yours for similar goods or services, and whether it would survive an examiner's objection under s 44 of the Trade Marks Act 1995 (Cth).

What is the difference between a trade mark search and a clearance search?

A register search tells you what is filed. A clearance search adds the unregistered layer — business names, company names, domains, and common-law use that can support a passing off or misleading conduct claim even without a registration — and gives you an opinion on registrability and infringement risk.

Do I need to search every class?

No, but you must search every class you will trade in, plus adjacent classes where goods or services are considered similar. Registering in class 35 for retail does not protect the product itself in class 25 or class 9.

What if someone already has my brand name?

It depends on the classes, how similar the marks are, and whether the earlier mark is actually in use. Options include a narrower specification, a differentiating element, a consent or coexistence agreement, or a non-use removal application if the earlier mark has not been used for three years.

Does registering a business name or company name protect my brand?

No. An ASIC business name or company name is a registration requirement, not a property right. Only a registered trade mark gives you an exclusive right to use the mark for the registered goods and services across Australia.

Talk to us

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Send us a note about what you're working on. We'll respond within one business day and, if we're a fit, book a free 15-minute consultation with a senior lawyer.

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