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Before youcommit to a trademark application in Australia, a clearance search tells youwhether your brand name, logo, or slogan is genuinely free to register. Ourteam at Brealant guides you through a thorough search process so you can moveforward with confidence.
What a Trademark Search Involves
A trademark search checks the IP Australia Trade Marks Register, along with business and company name registers, for marks identical or confusingly similar to yours inthe same or related classes.
Purpose and Function of a Trademark Search
Under the Trade Marks Act 1995, IP Australia will refuse an application that conflicts with an earlier mark. A search identifies these conflicts before you file, protecting your budget and timeline.
Protecting Your Filing Strategy
A thorough search helps Brealant recommend the strongest way to file — including classes, elements, and wording — giving your mark the best chance of registering cleanly.
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Contact
Reach out to Brealant, your trusted trademark agent in Australia and experienced trademark attorney in Australia, to discuss your trademark needs.
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Search
Request a FREE trademark search in Australia to ensure your brand's uniqueness.
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Quote
Receive a service quote tailored to your filing requirements.
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Pay
Proceed with secure payment for the selected services.
File
Brealant submits your trademark application.
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Wait
Await the IP office's response; response times vary. Check our country page for time estimates, or contact us for case-specific guidance.
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Response
Receive the IP office's decision, which may include your official registration certificate.
A thorough Australian trademark search reviews multiple layers of the register to protectyour filing decision. Our search covers
A trademarksearch protects more than your application fee — it protects the time,marketing spend, and brand equity you're about to invest in a name. Brealant'ssearch process gives you the evidence to file, or rethink your branding, with realconfidence rather than guesswork.
A searchsignificantly reduces risk, but it has real limits worth understanding beforeyou file
No Absolute Guarantee
No search, however thorough, can guarantee IP Australia won't raise an objection during examination
Unregistered Rights
Common-law rights built through use but never registered can be harder to identify with certainty.
Pending Applications
Very recently filed applications may not yet be visible on the public register at the time of search.
Descriptiveness & Distinctiveness
A search checks for conflicts, not whether IP Australia will consider your mark descriptive or non-distinctive.
Foreign Rights
An Australian search does not clear your mark for use or registration in other countries.
Brealant explains these limits clearly in every search report, so you know exactly what comfort the search gives you.
A thoroughAustralian trademark search reviews multiple layers of the register to protectyour filing decision. Our search covers
Word Marks
Unique brand names, slogans, and taglines.
Logos & Devices
Distinctivegraphical elements representing the brand.
Class Overlap
Unique colour combinations closely associated with the brand.
Business &Company Names
Distinct sounds (like jingles) and scents uniquely related to the brand.
Partnering with Brealant means every layer of risk is checked before you commit to filing.
The registration process for a trademark in Australia typically involves
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Briefing
You provide the mark and the goods/services it will cover, generallywithin a day of first contact.
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Searching
Brealant runs the register and common-law checks,usually completed within 1 to 3 business days.
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Searching
Brealant runs the register and common-law checks,usually completed within 1 to 3 business days.
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Reporting
You receive the finished clearance report and filing recommendation.
On average, the process can take between seven (7) and nine (9) months, depending on any objections or delays.
Search costsare modest compared to the cost of a rejected or disputed application
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Typically ranges from $250 to $400 AUD per class when filed online.
When using the services of a trademark agent or attorney in Australia, there may be additional fees for their assistance in the search, application, and examination stages.
These costs represent a valuable investment in securing a brand's exclusive rights and protecting it against infringement.
Once yoursearch is complete, Brealant can move straight into preparing and filing yourapplication, so the momentum from a clear result isn't lost. If your searchreveals risk, our team will also advise on alternative branding or filingstrategies to keep your project moving.
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No, IP Australia does notrequire a search before filing, but skipping this step significantly increasesthe risk of rejection or a later dispute.
No search canguarantee registration, since IP Australia may raise other objections such asdescriptiveness, but a clearance search removes the most common cause ofrejection: conflicting prior marks.
Yes. Brealant searches wordmarks, logos, and combined marks, and advises on the best filing strategy foreach element of your brand.
We search thecurrent, live IP Australia register, which includes registered marks andpending applications, for an accurate real-time picture of what's protectable.
Brealant offersa free preliminary register check, with a fixed fee for the full clearancereport — we quote this before you commit.
Our standardsearch focuses on the Australian register, but we can extend the searchinternationally if you're planning to expand or file through the Madrid System.
Yes, atrademark search doesn't cover ASIC's business and company name registers onits own, so Brealant reviews these alongside the trademark search for a fullerrisk picture.
A fullclearance review also considers evidence of significant unregistered use we'reable to identify, since common-law rights can still block registration or leadto a dispute.
A DIY search ofthe public register is possible, but interpreting deceptive similarity andclass overlaps accurately takes professional judgment, which is where Brealantadds value.
We'll typicallyrecommend proceeding straight to filing your application, since IP Australiaprocesses applications on a first-to-file basis.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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Get expert guidance on your trademark, patent, copyright or design filing. Book a free 15-minute call with an IP specialist — no obligation.
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