How to Conduct a Trademark Search in Australia: The Ultimate Guide for Startup Founders

Skipping the trademark search step is one of the most common—and costly—mistakes I see business owners make. Before you even think about registering a trademark, you need to know if your brand name, logo, or slogan is available. Let me show you exactly how to do this right, so you don’t waste time, money, or risk your brand.

This guide shows you how to conduct trademark search Australia step-by-step, including TM Headstart, common law checks, domains, and social handles — so you can avoid conflicts and register with confidence.

I will also explain the importance for SEO (search engine optimisation) and why documenting your trademark search is vital.

Why a Trademark Search Matters (And What Happens if You Don’t Do It)

Imagine building a global brand, investing millions in marketing, merchandise, and recognition — only to be told you can’t use your own name. That’s exactly what happened to the wrestling giant WWE, which was forced to drop its WWF branding after losing a legal battle with the World Wide Fund for Nature (WWF). The rebrand cost WWE tens of millions of dollars and years of equity, all because trademark conflicts weren’t resolved early.

This happens more than people realise. Without a thorough trademark search, you’re essentially building your brand on shaky ground.

But there’s another, less obvious risk which I have seen happen time and time again: other businesses capitalising on your success. Without a registered trademark, competitors or opportunists can start using confusingly similar names, logos, or slogans to ride your coattails—siphoning off your customers and damaging your reputation.

It’s like spending years building a loyal following, only to watch someone else profit from your hard work and brand equity.

That’s why a comprehensive trademark search is crucial in your startup’s legal and strategic foundation. It doesn’t just protect you from being blindsided by existing claims—it also safeguards your brand from copycats trying to cash in on your breakthrough. It also helps you avoid conflicts with existing rights and protects you from expensive legal battles or the pain of a forced rebrand down the track.

What Exactly Is a Trademark Search?

A trademark search is a systematic check to find out if your desired trademark (name, logo, slogan, etc.) is already registered or in use by someone else. It goes beyond just a Google search or checking business name registers.

A comprehensive search investigates:

• Registered trademarks and designs in Australia and internationally

• Pending trademark applications

• Unregistered trademarks and common law usage

• Domain names and social media handles that could cause confusion

The goal: to ensure your brand is unique enough to register and use without infringing on others’ rights. A comprehensive trademark search isn’t just a formality—it’s a preventive strategy I rely on every time I start a new business. It’s how I make sure I’m building on a solid foundation, not someone else’s territory.

Quick Distinctiveness Check (Absolute Grounds)

Before you go further, sanity-check distinctiveness: is your mark descriptive (e.g., “Fresh Apples” for fruit) or generic? Highly descriptive marks are harder to register without evidence of use. Invented or suggestive words (e.g., “Kodak”, “Canva”) are stronger.

What You’ll Need Before You Start Your Trademark Search

To get the most out of your trademark search, gather:

• The exact word/s, names, phrases or slogan you want to trademark (e.g. "Just Do It" (Nike), "Finger Lickin' Good" (KFC), and "Because You're Worth It" (L'Oreal)

  
  

• Variations and spellings of names, slogans, logos, acronyms (e.g. Kool-Aid, Elev8, Flickr, WWF)

  
  

• Clear descriptions or images of logos or designs

  
  

• Words or phrases used in specific font (e.g. Disney uses the Waltograph font)

  
  

• Knowledge of the industry or classes your business operates in (e.g., clothing, software, food services)

  
  

• Research your business name and identify similar business names, logos or phrases

Having this information upfront will make your search more targeted and effective.

Mentor Tip: I also encourage you to take notes throughout your research, especially when learning about competitors and your industry, so you can make your search more comprehensive as you progress, remembering to date or time stamp your research.

Evidence to Capture: screenshots/URLs, first-use dates, geography, product overlap. Maintain a search log with timestamps, list urls when you find data on similar names/ images / logos, list details of your competitors (you want to ensure you are not seen to be 'copying').

Class Selection Prep (Nice Classification)

List the goods/services you offer now and in the next 2–3 years. Map them to Nice classes (e.g., Class 25 clothing, Class 9 software, Class 35 retail). Specificity here reduces objections and protects the right scope.

Nice Classification is the international system for grouping goods and services into classes when you file a trademark. It’s maintained by WIPO (under the Nice Agreement) and used by IP offices worldwide — including IP Australia.

Key points

• 45 classes total: 1–34 = goods, 35–45 = services.

• You pick the class(es) that match what you sell (goods) and what you do (services).

• Your trademark protection is class-based — choose well or you’ll leave gaps.

• Fees are typically per class, and you can’t add classes after filing (you’d need a new application).

• Use clear, specific terms (IP Australia’s pick-list helps). Class headings alone aren’t enough.

• Non-use: if you don’t use the mark for the listed goods/services, it can be vulnerable to removal after a period.

Quick examples for startups:

• Class 9 – software, downloadable apps, electronics

• Class 25 – clothing/merch

• Class 35 – advertising, online retail/marketplaces

• Class 41 – education, training, courses

• Class 42 – SaaS, software development, hosting

Why it matters: Your class choices determine where your brand is protected. Get the scope right (now + next 2–3 years), be specific, and avoid over-claiming what you won’t use.

How to Conduct a Trademark Search:

Step-by-Step

How do you conduct a trademark search in Australia?

What to look for in your search:

• Exact and near matches (plural/singular, spacing, hyphens)

• Phonetic equivalents (Quick/Kwik)

• Visual similarity for logos (shapes, icons, colour schemes)

• Conceptual similarity (meaning, idea)

• Acronyms & abbreviations (see WWF example)

• Translations/transliterations if relevant to your market

Step 1: Use IP Australia’s Free TM Headstart Tool

Start with IP Australia’s trademark search tool, TM Headstart. It allows you to:

• Check registered trademarks and designs

• View trademark applications currently being processed

• Open an account and start a pre-application

• Access support for international trademarking

When you use TM Headstart, an examiner reviews your trademark before you lodge the formal application. You’ll get early feedback on any potential issues, plus the chance to tweak your application first—giving you a much better shot at getting your trademark approved.

Mentor Tip: Search word and image/device marks separately. Upload your logo if you plan to protect it as a device mark.

Step 2: Search for Similar or Conflicting Marks

Look beyond exact matches and focus on:

• Similar spellings or phonetics (“QuickPrint” vs “KwikPrint”)

• Logos with similar visual elements or styles (colours, shapes, or symbols)

• Related words or slogans that could cause consumer confusion

• Acronyms that you might use in the future (e.g., WWF)

You want to avoid legal fights and customer confusion. A wide-lens search helps ensure your brand is distinct and legally defensible.

Step 3: Check Domain Names and Social Media

Use domain search tools (like GoDaddy or Namechk) and search social media platforms to:

• Check if similar names already exist

• Evaluate if your brand might face confusion

• Identify potential conflicts

This step protects the clarity of your brand’s message, your reputation, and your growth potential. I see many founders who don't place enough emphasis on researching for "potential conflicts" as they should. This research can often be the most valuable when building your startup.

Mentor Tip: Aim for domain + social handle alignment. If @yourbrand is taken, consider clean modifiers (e.g., getyourbrand, yourbrandhq) — avoid confusing dashes or numbers. I go into this deeper in the "Get a Good Domain Name" guide, providing tips on brand alignment across domains and social handles.

Step 4: Searching Unregistered  trademarks (common law)

Many businesses operate under unregistered trademarks. Even if a name isn’t registered, common law rights can still apply.

Go beyond IP Australia:

• Use Google and search engines

• Browse domain name registrars

• Explore ASIC and business directories

• Scan social platforms for name usage

This broader search uncovers hidden risks and helps you avoid brand conflicts.

Step 5: Review Business Name Registers (ASIC)

Search ASIC to:

• Identify active business names that might clash

• Spot spelling variations and state-level competitors

While a business name doesn’t grant legal protection, it’s still a red flag if someone is already using your name.

Internal Link: See our guide on Business Name Registration (and how it differs from trademarks).

Step 6: Consider a Professional Comprehensive Search

If your brand is valuable, get professional help. Trademark attorneys can:

• Perform in-depth local and global searches

• Assess legal risk of conflicts

• Advise how to improve registrability

This investment often prevents expensive future rebrands or legal disputes.

Outcome Framework:

• GO — Low conflict risk; proceed to filing.

• MODIFY — Adjust spelling, add a distinctive element, or tweak classes/specification.

• NO GO — High risk; rebrand before investing.

  
  

How Much Does a Trademark Search Cost?

• DIY search with IP Australia TM Headstart: Free

• ASIC Business Name Check: Free

• Domain and Social Media Check: Free to minimal cost

• Professional Comprehensive Search: $500 – $1,500+ (depending on complexity)

Investing in a professional search can save you thousands down the track—not just in branding and marketing costs, but by helping you avoid costly legal disputes and the disruption of having to rebrand when you least expect it.

Common Mistakes Founders Make

Only Searching for Exact Matches

Many founders look just for their exact name and miss similar marks that can block their application.The key is to think broader and consider all variations that might confuse customers or overlap with your brand. This wider lens protects your investment and sets you up for a smoother registration process.

Ignoring Logos and Designs

Overlooking this can lead to your application being rejected, and worse, force an expensive rebrand down the line.Ensure your search includes names, phrases, logos, colours, fonts, images… think IP that represents your business.

Failure to Consider Acronyms

The World Wide Fund for Nature (WWF), founded in 1961, had long held the WWF trademark globally, especially outside the US. The World Wrestling Federation, founded later, used the same WWF acronym in its branding, once it was established a few years into their operation. .

By the late 1990s and early 2000s, the wrestling company was growing globally, especially with the internet boom, and was using the WWF branding extensively online.

This prompted the WWF to take legal action, which they won — ultimately costing WWE millions in rebranding and lost brand equity.

Overlooking International Trademarks

Burger King learned the hard way for failing to do this in Australia.If you plan to sell overseas, you need to check foreign trademarks too. Conflicts abroad can impact your global growth, and obtaining a professional search can reduce this issue.

Skipping Professional Advice

Free tools can’t catch everything. Missing a conflicting mark due to an incomplete search can cost you years of effort and thousands in legal fees.Use a detailed search tool or invest in an expert who can report and assist in your trademark application.

Not Documenting Your Search Process

Failing to keep a clear record of your trademark research is a common oversight. Always document your entire search process — including copies of search results, notes on common law trademarks, domain and social media checks, and any legal advice you receive.Use SPOT to record your findings to help make more informed decisions and it will serve as valuable evidence if a dispute arises during or after your trademark application. Without it, defending your position becomes much harder.

Picking the Wrong Classes/Specs

Too narrow = gaps in protection; too broad = objections. Use clear, specific goods/services descriptions aligned to your real use.

What to Do Right Now:

If you're ready to protect your brand, here's your action plan:

Immediate Next Steps:

✅ Download free business resources from Prodesk.com. ProDesk gives founders the legal clarity to grow faster — from trademark search templates to registration guides, all built for the Australian startup landscape.

✅ Get it built for you. Noize helps Australian founders protect, position, and promote their brand — from trademark readiness to full-scale brand strategy and identity execution. Noize.com.au

✅ Want expert guidance at your finger tips? Get the Startup Deck (thestartupdeck.com) — structured in an easy-to-use system and jam packed with over 30 years of business and entrepreneurial experiences.

The Bottom Line

A trademark search isn’t just a box to tick—it’s the bedrock of protecting your brand and future. Investing in a thorough search today means avoiding painful, costly pitfalls tomorrow.

In every business I’m involved with, we always conduct a trademark search. It gives the team and I, the confidence to build every part of the brand knowing we’re protected from the ground up!

Download: Trademark Research Cheat Sheet + Similarity Matrix - A free resource to help you get started with your search.

SUCCESSFUL BRANDS SADE GUARD THEIR IDENTITY FROM DAY 1

💬 FAQs Section

Do I really need to do a trademark search before registering?

Yes. A trademark search helps you avoid legal disputes, protects your brand, and increases the chances of successful registration. Without it, you risk infringing on someone else’s rights.

Is the IP Australia TM Headstart tool enough on its own?

It’s a great starting point, but not enough. TM Headstart only checks registered trademarks in Australia. You still need to search for unregistered/common law trademarks, domain names, and social media usage.

Can I do a trademark search myself, or should I hire a professional?

You can do a basic search yourself using free tools, but a professional search identifies deeper risks and can save you thousands. If your brand is crucial to your business, expert help is recommended.

What’s the difference between a trademark and a business name?

A business name is your trading name, but it doesn’t give you legal rights. Only a registered trademark gives you exclusive rights to use your brand in Australia.

What if someone else is using my brand but hasn’t registered it?

They may still have common law rights if they’ve been using it first. That’s why searching for unregistered trademarks and documented use is critical.

Do I need to search international trademarks too?

Yes, if you plan to expand overseas. A name that’s clear in Australia may be taken or infringing overseas — and that can block your future growth.

What should I do if I find a similar trademark?

Consult a trademark attorney. They can assess whether there’s a real conflict and help you adjust your brand or file a defensible application.

How do classes (Nice Classification) affect my search?

You must search in the classes you’ll file in (and related ones). Protection is class-based; your goods/services specification determines the scope of rights.