- TM Checker vs Australian Trade Mark Search
- How to search with TM Checker
- How to search with ATMS
- What examiners check: similarity and distinctiveness
- Why goods and services classes matter
- The catch: a clear search only covers Australia
- What happens if you skip the search
- My advice
- Frequently asked questions
You can search Australian trade marks free on IP Australia's website using 2 tools: TM Checker, which gives an AI-assisted check of whether a new name or logo is likely to run into problems, and Australian Trade Mark Search (ATMS), which lists every registered and pending trade mark. You don't need an account to search, only to apply.
A quick exact-match search isn't enough, though. IP Australia's examiners look for marks that are similar, not just identical, in the same or related goods and services, so the search you do should look the same way.
TM Checker vs Australian Trade Mark Search
| TM Checker | Australian Trade Mark Search (ATMS) | |
|---|---|---|
| Best for | Checking a new idea | Advanced searching |
| Search by | Text or an uploaded image | Word, phrase, image, owner, goods and services |
| What you get | An automated check for common problems, an estimate of timing, and a link to apply | Details of registered and pending trade marks and their classes |
| Search by owner or trade mark number | No | Yes |
If you're naming a new business or product, start with TM Checker. If you want to see exactly who owns what, or check a competitor's portfolio, use ATMS.
How to search with TM Checker
- Go to IP Australia's TM Checker.
- Enter your proposed name, or upload your logo.
- Choose the goods and services you'll use it for.
- Read the feedback on likely problems. If it looks clear and you want to go ahead, you can apply from there, including through TM Headstart, the pre-application service for first-timers.
IP Australia says TM Checker uses AI trained on its own data and past examinations. It's a strong early signal, not a guarantee, and the examiners still do their own search when you apply.
How to search with ATMS
ATMS has 2 modes. Quick search lets you look up trade mark words, owner names, trade mark numbers and international registration numbers, and upload an image for a comparison search. Advanced search takes complex queries and, in IP Australia's words, is best suited to experienced searchers.
For a name check in quick search, try more than the exact spelling: plurals, common misspellings, and words that sound the same. Then open each close result and check its goods and services.
What examiners check: similarity and distinctiveness
These are the 2 tests that sink most applications.
- Similarity: a trade mark is generally too similar, or deceptively similar, if it's used for the same or similar goods or services and may cause confusion. Examiners look for a real, tangible danger of confusion, and that can come from the name, the logo or a slogan.
- Distinctiveness: examiners check whether other traders might reasonably want to use the same words, for example because they're descriptive. IP Australia's own example is 4x4 for vehicles, which isn't distinctive.
Here's the useful flip side: if you find a similar mark but it's registered for different goods and services from yours, IP Australia says you may still be able to register yours.
Why goods and services classes matter
When you apply for a trade mark, you list the goods and services you'll use it for, and IP Australia says this is what decides what your trade mark protects. That's why the class you search in matters as much as the name. A café and a software company can sometimes hold similar names, because customers are unlikely to confuse the two.
Get the list right before you search, not after. Think about what you offer today and what you're likely to add in the next few years, such as courses, merchandise or an app, and check those classes too, so your search covers everything the trade mark will need to protect.
The catch: a clear search only covers Australia
IP Australia is blunt about this: there's no such thing as international IP protection. A trade mark has to be protected in each country where you'll use it. If you trade online with customers in the UK, the US or anywhere else, search there too before you commit to a brand, because finding something similar in your target market can make protection tricky.
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That matters for online businesses more than most. A name that's clear in Australia but taken in a big market can block your social handles, your app store or shop listings or your expansion later.
What happens if you skip the search
If your trade mark is similar or identical to someone else's in your industry, IP Australia lists the risks as being accused of infringement, receiving an adverse examination report, and being opposed by a third party. It also performs its own searches during examination and will flag any similar mark already on the Register in Australia in an examination report.
For anything bigger than a side project, IP Australia suggests considering a trade marks attorney or lawyer, who can search for unregistered marks too and advise on ways around any risks.
My advice
Search before you design anything. Pick 3 or 4 name options, run each through TM Checker, check the close ones in ATMS, then do a quick search in any country you plan to trade in. Only then put time into a logo: our roundup of free logo makers and our guide on how to make a logo in Canva will get you a first version fast.
Frequently asked questions
Is a trade mark search free in Australia?
Yes. TM Checker and Australian Trade Mark Search on IP Australia's website are both free to use, and you don't need an Online Services account unless you decide to apply.
What is ATMS?
ATMS is Australian Trade Mark Search, IP Australia's database of registered and pending trade marks. You can search by word, phrase, image, owner, or goods and services.
What does deceptively similar mean for a trade mark?
A trade mark is generally considered too similar, or deceptively similar, to another if it's used for the same or similar goods or services and may cause confusion.
Does an Australian trade mark protect me overseas?
No. IP Australia says there's no such thing as international IP protection, so a trade mark has to be protected in each country where you intend to use it.
Can I register a trade mark if a similar one exists?
Possibly. If the similar trade mark is registered for different goods and services from yours, IP Australia says you may still be able to register your trade mark.
