Pre-Application Search
Identifies earlier identical or similar trademarks that may be relevant to your proposed trademark and its goods or services.
02ASSESSMENT
Check before you apply
Learn how to assess your proposed trademark, identify possible registration issues, and confirm the owner and goods or services before filing.
Why Check Before Filing?
A trademark application requires both time and cost. A pre-application search and assessment can identify potential issues before filing.
Assessment
Considers whether the trademark is likely to meet registration requirements by reviewing the search results and other factors affecting the application.
Does Your Mark Qualify?
Your proposed trademark must be capable of functioning as a trademark and satisfy the legal requirements for registration.
Distinctiveness
Will customers recognise it as identifying your goods or services, rather than merely describing them?
Descriptive or common wording
Does it consist mainly of words that other businesses may reasonably need to use?
Prohibited or restricted matter
Does it contain elements that cannot be registered or may require consent or permission?
Earlier trademarks
Could an earlier registered or pending trademark create an obstacle to registration?
Can a Similar Trademark Be a Problem?
A similar trademark may affect your application if the trademarks and their respective goods or services are sufficiently alike.
Similarity of the trademarks
Compare their appearance, pronunciation, meaning and overall impression.
Relationship between goods or services
Consider whether they are identical, similar or commercially related.
Likelihood of confusion
Consider whether customers may believe they originate from the same or related businesses.
Who Should Own the Trademark?
The application should be filed in the name of the person or business that owns and controls the trademark. Confirm whether the intended owner is correctly identified as an individual or company. Doing this at the outset can avoid unnecessary complications and additional costs later.
Choose the Right Goods and Services
A trademark registration protects only the goods and services specified in the application—not every product or service.
Goods and services are grouped under the Nice Classification, which contains 45 classes: 34 for goods and 11 for services. The class number organises the application, but what matters most is accurately identifying the goods or services for which the trademark will be used.
SPEAK WITH A CONSULTANT
Need help assessing your proposed trademark?
We can review its registrability, possible earlier trademark risks, ownership and the goods or services to be covered before filing.
Discuss Your Trademark